Advice from a Massachusetts Lawyer: File for Divorce First
At The Massachusetts Family Law Group, our attorneys do whatever we can to file first. This usually allows our side to determine a clear plan of action for the divorce. People often ask why we're so focused on the race to the courthouse. There are numerous advantages.
Why File First?
Our lawyers counsel clients about the benefits of filing first. These include:
- Setting the agenda: Parties who file first get to present their evidence first. As a result, they control the order in which the court considers the issues, and they get the first opportunity to convince the court how to rule. However, if you can't file first because you've already been served, don't fret. The Respondent will be able to present evidence second and often gets the last word.
- Asking the court to grant temporary orders at the start of the case
- Sending a clear message to the other side that they are serious. Moreover, if the complaint and summons are accompanied with some of our favorite motions, it puts your attorney in the driver's seat.
- Surprising the opposition: The element of surprise and intimidation may be appropriate to offset similar tactics by your spouse or the opposing lawyer. Again, be sure that you and your lawyer thoroughly review all of the pros and cons of this type of action before committing to it.
- Making the opposition feel defensive: If your spouse continually needs to respond to moves made by you, the party who filed first may have the upper hand throughout the process.
If done properly, filing first will allow you and your attorney to create significant advantages for yourself, avoid some common pitfalls and create a climate for a divorce settlement in which you have control of the situation.
Don't Worry if You Cannot File First
There are quite often times when one spouse cannot, or chooses not to, file first and is on the receiving end of a summons and complaint. He or she may be reluctant to look like they are giving up on the marriage. Some litigants are afraid that the children will think the divorce is their fault if they file first. However, our experience shows that children will remember how you handle the process, not who initiated it.
If You Have Been Served With Divorce Papers, or You Are Considering Filing For Divorce, Call Us Immediately
If the time has come to leave your spouse, you need an exit plan. People who don't plan are hardest hit as a result. If your spouse has initiated proceedings, do not sign anything until you are represented and informed by a lawyer. Take control and make sure you're protected.
For a free, no-obligation consultation about filing for divorce in call our attorneys at (800) 763-1030 or e-mail us to learn more. We serve clients throughout Eastern Massachusetts, including people in Gloucester, Newton, Amesbury and Lawrence.
