Individuals going through divorce have to make many difficult decisions throughout the divorce process. They have to set priorities regarding property division and custody matters. They have to decide where to secure support throughout the process and when compromise is acceptable.
They also often have to choose when to file and even where they file divorce documents. Some people dislike the idea of initiating divorce. One spouse might think it may make them look bad to be the one who gives up on the marriage. Some people end up locked in a waiting game with their spouses where neither wants to remain married, but they both want to wait for the other to file for divorce.
According to statistics, women are often the ones who finally make the decision to file. Husbands may then end up scrambling to respond to a divorce petition and may worry about their basic rights. Are there any benefits that come from waiting for a spouse to file as opposed to taking control and filing for divorce when a marriage becomes unsustainable?
Filing first comes with certain benefits
Contrary to what people sometimes assume, waiting for a spouse to file isn’t necessarily the best option. They lose control over timing and jurisdiction when they let their spouse choose when and where to file for divorce.
Additionally, they may have a harder time obtaining the documents they need for the best divorce outcome. Spouses who take the reins and decide to file have an opportunity to gather records ahead of time. They can obtain their own copies of financial records and can create a thorough inventory of assets before their spouse has removed any property from the marital home.
They also get to propose the terms that they find most agreeable for property division, financial support and custody. The filing spouse may ultimately have control over the outcome of the divorce if the other spouse doesn’t respond in a timely manner. Instead of fearing stigma stemming from being the one to file, spouses may benefit from taking control and choosing when and where to file, as well as what terms to propose as a starting point for negotiations.
Reviewing marital circumstances can help people evaluate whether they should file or prepare to respond to a spouse’s divorce filing. Both spouses have the same basic legal rights in a divorce regardless of who files the initial paperwork.