In Pennsylvania, it doesn’t matter which spouse files for divorce. Filing first doesn’t necessarily have an impact on the final judgment issued by the court. This is because PA courts attempt to treat both parties equally by dividing marital property equitably and prioritizing joint custody when possible. PA is also a no-fault divorce state, which means the filing party doesn’t have to show that their spouse is at fault for the breakdown of their marriage.
However, there are still benefits to filing for divorce first. It can give you a sense of control over an otherwise potentially overwhelming process. It can provide you with time to prepare for the divorce on your own terms. And it can allow you to document and protect your financial assets before your spouse has the opportunity to hide them.
If you have concerns about your planned divorce, it may be in your best interest to take the proactive step of filing first.
Feeling in Control of the Process
Feeling in control of your divorce doesn’t affect its outcome, but it can make the process much easier to deal with. This is particularly true if the divorce was unexpected, such as if you discovered that your spouse was cheating, or if you need to escape from a dangerous situation involving domestic violence.
When you file for divorce first, you control the narrative, which can be empowering. It may be something as simple as being able to say that you divorced your spouse rather than your spouse divorced you. Or it could allow you to set the record straight about the breakdown in your marriage in your initial filing.
Preparing for Divorce on Your Own Terms
The party filing for divorce first sets the timeline for the rest of the proceedings. This means the party who is served with divorce papers only has a limited amount of time to retain a lawyer and respond before the case transitions into the next phase.
If your spouse hasn’t filed for divorce yet, but you are planning to, you can use this time to choose an experienced lawyer you’re comfortable working with and to get your affairs in order. For example, you may want to plan to stay with a relative or close friend while the divorce is going through the courts.
And once you have your lawyer and post-filing plan in place, you can file for divorce and start the clock.
Documenting and Protecting Assets
By filing first, you can also give yourself time to document and protect your financial assets. If your spouse has time to plan for a divorce before filing, they may attempt to hide certain assets, such as by moving money into a hidden account. Hiding assets can influence the division of marital property, so it’s essential to take steps to prevent this from occurring.
However, if you take the initiative, your lawyer can help you document your assets before you file for divorce. Then, after your divorce is filed, it will be easier to spot if your spouse is attempting to hide assets.
Contact Our Allegheny County Divorce Lawyers
If you’re considering divorce in Allegheny County, PA, taking proactive steps can give you a sense of control during a difficult time in your life and allow you to prepare for the divorce on your own terms.
At Beroes Law Center, we’re committed to helping you and your family achieve the best possible outcome in your divorce. Contact our law firm today for a free consultation with an experienced, knowledgeable, and compassionate divorce lawyer who will walk you through the process and answer your questions along the way.