Few people want to be the first to admit that their marriage is failing. Fewer still want to be the first to take legal action to dissolve that marriage. The very thought of going through the process of a divorce can be intimidating enough to discourage individuals from taking that first step.

However, as with most things in life, it never pays to stand around and wait for someone else to take action. Waiting for your spouse to break down and file for divorce first will not make the process easier on you. While divorce is far from easy, no matter which side you stand on, filing first may have some advantages.

At the very least, by filing first you will have a chance to think the process through and be prepared for the next step, as opposed to being blindsided when the papers are served to you. You will also have your actions on record with the courts: the date you file will officially mark the date of the breakdown of your marriage. You might need this documentation if your spouse makes any attempts to move funds from joint accounts or investments to cheat you out of your due. Likewise, if your spouse goes on a spending rampage, it could save you from having to pay his or her debts accrued after the date of filing. Waiting to file might leave you vulnerable, as your spouse might sense your intentions and move funds or rack up debt before filing, and you will be sunk.

You will also show initiative and resolution, which will create the appearance of being in control of the process. This authority will work in your favor, as you will be more prepared to deal with any funny business (and therefore discourage such behavior). Filing first indicates that you have already spoken to an attorney, and in many ways, you\’re calling the shots. Of course, that\’s no reason to be cocky or cruel, but it should encourage you and your spouse to proceed with cool heads. Shrewd, professional conduct will benefit you and your spouse before, during, and after the process.

Filing first will protect your interests in many ways. It is unlikely that your spouse will file a counter suit. Generally you will get the first word in terms of negotiation, and in scheduling the proceedings, thus ensuring the greatest potential for preparedness. If your spouse does file a counter suit, the two of you will simply have to restart the process on equal footing, which is, again, better than being caught off guard when your spouse serves the papers to you.

If your spouse contests your case, you will be examined first in court. That means you will have to testify and bring in evidence of your grounds for divorce. This can really work in your favor, as you are essentially setting the stage for the proceedings. There is really no way to predict whether or not your divorce will go smoothly, as it is an emotional process that often brings out the worst in people. However, the greater initiative you take in the process, the more control you will have throughout.

Click this link here to visit Ephraim Law. Check out the Prince William County divorce resource page.

Click this link http://ephraimlaw.com/ to visit Ephraim Law. Check out the http://ephraimlaw.com/prince-william-divorce-lawyer.php Prince William County divorce resource page.

Author Bio: Click this link here to visit Ephraim Law. Check out the Prince William County divorce resource page.

Category: Legal
Keywords: Family, Legal, Advise