Massachusetts Family Law Attorneys

When It Comes to Divorce, Does It Matter Who Files First?

When it comes to divorce, time is of the essence. What we have found during our years in practice is that it can be to your advantage to file before your spouse does. Here’s why:

  • It shows that you’re serious.
    Filing first shows your spouse and the court that you are serious and proactive.
  • The case will follow your time standards.
    Filing first allows you to dictate, to a certain degree, the order in which the judge considers the issues and hears the evidence.
  • You can schedule the motion for temporary orders when you’re ready.
    Filing first allows you to file a motion for temporary orders at the very beginning. This is the only way to protect your financial and parental rights during the early stages of the divorce process.
  • Introduces the element of surprise
    Filing first can help prevent documents and household items from disappearing. If you file first, you have the chance even before you file to get all your records, documents and assets accounted for.

Some people ask us why we are so focused on the “race to the courthouse.” For us, it’s simple. Filing first can give you the advantage and, while not all cases we handle go to court, we usually begin by filing first and filing contested. In the event you and your spouse end up agreeing on all the terms, we can file a motion to modify, changing the case to uncontested. You can learn more about that here.

At Miller Law Group, we act with a real sense of urgency; that’s why we like to file first. Filing first is a proactive move that sends the message that you mean business. Don’t wait until your spouse serves you with divorce papers. Contact us before your spouse does! We represent individuals throughout Massachusetts from offices and meeting locations in Concord, Keene, Manchester, Nashua and Portsmouth.

Call Miller Law Group today for a free legal evaluation.

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