If you know that your marriage is no longer salvageable, then it is worth considering taking action. Many spouses put off filing for divorce, however, or don’t do anything about it until their spouse files.
There are some notable advantages to being the one to initiate the divorce. Let’s look at a few.
You can choose the best time for you
Maybe you believe your business is going to do very well next year, or your boss has told you they intend to give you a promotion and hefty pay rise towards the end of the year. Filing early before those expected asset increases become a reality will reduce the chance your spouse is able to claim some of them in the divorce or that they affect things such as how much child or spousal support you must pay.
Protecting yourself financially
Another reason to file early is if you believe your spouse is likely to try to spend down money from your marital accounts, block your access to funds or try to conceal assets from the court. Filing first will limit their ability to do so, as the list of assets will need to be declared to the court sooner – possibly before they’re ready.
Choosing where the divorce happens
If you start to live apart without actually divorcing, it’s possible that one of you moves to a different area. If you file first, you can choose to have the divorce handled by the county court where you live rather than the court where they now live, making it more convenient for you.
Seeking early legal guidance can help you make the first moves to ending your marriage and starting anew on the best possible footing.