There are situations where filing first may be a strategic choice that can help speed things like temporary support or custody agreements.
Rather than waiting to be served with a complaint, you’ll file instead with a series of motions.
This can be especially important if you suspect your spouse is liquidating assets or building up debts in anticipation of filing.
Once you file, the court will issue a series of orders that protect your assets and prevent destruction of goods and financial instruments.
So there are instances where it can matter to file first, but for most couples approaching divorce, it doesn’t make a difference.
If your spouse files before you, the judge will seek input from your attorney before agreeing to anything, and you’ll always have an opportunity to respond and be heard throughout the process.
Whether you’re ready to file or have been served, the attorneys at Zelenitz, Shapiro & D’Agostino can protect you and see that you come through the divorce as intact as possible.
Call us today at 718-523-1111 for a free consultation.