Is there any advantage to filing for a divorce first?

On Behalf of | Dec 18, 2019 | Divorce |

Divorce is never an easy subject to raise, be it in New Jersey or anywhere in the U.S. The option of divorcing your spouse is an after the result of a thorough analysis of your marriage, thereby determining that your relationship is unsalvageable. But who is the best person to initiate the process? And are there any benefits to starting the divorce process first? 

Anyone may begin the divorce process. While it may be painful to end a relationship for good, according to financial consultants, there are advantages to initiating the divorce process. By filing your divorce papers first, you will have enough time to get all the documents that you require to have. You will get an edge over your spouse, who will be trying to catch up to the process giving you an upper hand during the negotiation. 

One of the main advantages that you may get by filing for your divorce first is the ability to consider an Automatic Temporary Restraining Order (ATRO). The restraining order is not meant to prevent any physical violence in this scenario. Instead, it helps by halting all financial transactions in joint accounts. It also helps to avoid any change in investment, retirement, and insurance policies. Additionally, it prevents spouses from selling marital property or using it as security while borrowing. 

By filing your divorce first, you may as well prepare yourself very well financially by saving enough money for the divorce process. The process is never cheap. 

This information is only for educational purposes. Do not take it as legal advice.