Should I File for Divorce First?
We definitely recommend that you file first.
People often ask why we are so focused on the race to the courthouse. There are numerous advantages. For one, it allows you and your attorney to set the agenda by controlling the order in which the court considers all the issues. Second, by filing first, you can ask the court to grant temporary orders at the very beginning. Filing for divorce first, as opposed to waiting to be served divorce papers, sends a clear message to the other side that we are serious–and it can also surprise them, which might be appropriate to offset similar tactics by your spouse.
At Miller Law Group, we act with a real sense of urgency. We like to file first—it shows that you’re serious. Your case is going to follow your time standards. You’re going to be able to schedule a motion for temporary orders when you’re ready. Then there is that element of surprise, which prevents missing documents and household items, because if you file first, you have the chance before you made your announcement to get all the records, all the documents, versus finding that they start to be missing, which is a common thing that happens.
Filing first is a proactive move, and it sends the message you’re serious—that you want to take charge and make this happen.