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Does Filing for Divorce First Give Me an Advantage?

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Every person handles the breakdown of their marriage differently, but it’s safe to say that a lot of them think about it and contemplate it long before they take action. Of course, there are also those who are blindsided by their spouses divorce filing, but for the purposes of this article, we’re speaking to those spouses who have had divorce on their minds.

For many of our clients, the thought of divorce is almost paralyzing, especially when children are involved. They often have a lot of fear, which basically comes from “fear of the unknown.” They delay the divorce filing because they’re afraid of losing their children, afraid of losing their home, afraid of losing their retirement, and afraid of having to pay child support or spousal support, or both. So, instead of ending an unhappy union, they stay miserable because at least with that, they know what to expect. But that’s no way to live.

Why You Want to File First

There are definite advantages to filing for divorce first. Let’s consider them:

  • You maintain a lot more control
  • You are in a proactive instead of a reactive position
  • You can learn your rights ahead of time before your spouse is aware of the divorce filing
  • You can be less stressed because you know what to expect
  • You can understand your legal rights and responsibilities, which can act as armor against any threats your spouse could make

If someone were to ask us if they should be the one to file for divorce first, we would say, “Yes, absolutely.” But it’s not just about filing for divorce first. If you haven’t discussed divorce with your spouse, we strongly advise contacting our firm and speaking with an attorney about your concerns and our low-cost divorce services.

The more you know about your rights and responsibilities under Pennsylvania law before you drop the D bomb, the better. Divorce can be stressful and knowledge equals responsibility and control. When you’re the one in the driver’s seat, you’re in a much better position to make decisions with a clear head since you know what you can and cannot do in the eyes of the law.

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