Are you thinking about requesting a divorce?
Have you considered who should file first? If so, although most people are unaware of it, a person filing for divorce significantly influences how the proceedings turn out.
Although being the first to file has advantages, there are also disadvantages. In this article, we’ll discuss the possible disadvantages of starting the divorce process early and offer advice on the best course for you.
Advantages Of Filing For Divorce First
As the plaintiff, you have a little more influence over the timing. You have more time to prepare your case since you decide when the wheels start turning.
The divorce complaint will be sent to your spouse, who has 20 days to reply. During such a period, he or she must:
- Hire a divorce attorney
- Prepare a response
- Collect financial documents
The deadline could be extended in light of the case’s complexities.
First filing eliminates these deadlines. Before filing the paperwork, you and your attorney must have everything in order. It will give you more time to do crucial duties, such as double-checking assets and ensuring your spouse isn’t hiding anything.
Mediation is used to settle many divorces before a trial is necessary. Being the first to file for divorce has obvious advantages if the matter goes to trial, but there is no benefit to being the first to file during the mediation process.
You have the right to speak first as the plaintiff. After the defendant has had a chance to reply to your statement, you will have a chance to reply to his or her. It allows you to have the final say in addition to the initial one and two chances to speak instead of just one.
8 Disadvantages of Filing for Divorce First in Nevada
If you plan to file a divorce first in Nevada, here are eight disadvantages you may want to know.
Loss of Control
The possible loss of control over the proceedings is one of the main disadvantages of starting the divorce process initially. You establish the starting conditions and parameters for the divorce by filing as the petitioner. However, your spouse can contest or modify those terms when they respond.
This could make you feel at your spouse’s mercy, resulting in a more drawn-out and complicated divorce procedure. Furthermore, if your spouse files a counterclaim and makes their requests and demands, you give up even more power over the decision.
The loss of control may prove quite costly, both financially and emotionally. Therefore, it’s vital to think about it before divorcing.
Another disadvantage is the possible negative perception that starting the divorce early may have in the court. If you file for divorce first, you can be held more accountable for the breakdown of the marriage since you will be perceived as the person who wants it to end.
This can cause the judge to become biased, affecting choices about things like spousal support and child custody. It may also incite your spouse’s hatred and resentment, making divorce even more challenging.
Before making a choice, it’s crucial to speak with Nevada divorce lawyers and carefully analyze how filing for divorce can be interpreted.
Filing a divorce first may result in an expedited process. As the petitioner, one could feel pressure to make decisions quickly without considering all one’s options. This may lead to hasty or uninformed decisions that could harm one’s future.
In addition, your spouse may stall the process by fighting or not cooperating if they aren’t ready for divorce or disagree with the terms you have agreed upon. That may result in a more drawn-out and contentious divorce, eventually costing both parties more money and causing more stress.
A key disadvantage of initiating divorce proceedings early is the possible financial costs. You, the petitioner, must pay the first court fees and any other associated costs. These can mount up, particularly if your spouse files for an additional divorce or challenges the divorce.
In addition, rushing the process and making poor choices could have expensive consequences, like missing out on assets or accepting harsh terms for alimony and support. It’s crucial to thoroughly weigh the financial implications before initiating the divorce process.
Divorce filing first can also cause a great deal of emotional distress. You may have to shoulder the responsibility of starting and managing the legal process and managing the dissolution of your marriage.
Feelings of shame, anxiety, rage, and frustration may result from this. Your emotional state may also increase if your partner reacts poorly or attempts to interrupt the process.
Before pursuing a divorce, it’s critical to assess your emotional preparedness thoroughly and, if necessary, seek help from close friends and family or a therapist. Furthermore, trying for reconciliation as long as possible before deciding to file for divorce in Nevada could be beneficial.
A noteworthy disadvantage of initiating divorce proceedings first is the possible influence on a child custody settlement. As the first to file, you effectively initiate the custody negotiations and may find yourself in a difficult position should your spouse challenge or pursue sole custody.
This may result in a protracted and emotionally taxing dispute about what is in the best interests of the children concerned. When filing for divorce in Las Vegas, it’s crucial to evaluate how it can affect custody arrangements carefully.
Working toward a mutually agreeable child custody agreement could be beneficial before filing for divorce. Choosing who files for divorce first should be based primarily on what’s best for any children involved.
Prioritizing your divorce filing can also lead to unnecessary conflicts with your spouse. You might encourage your partner’s hatred and resentment by starting the legal process, making reaching a mutually beneficial agreement more challenging.
Relationships with friends and extended family may suffer, and divorce may become more drawn out and expensive. Needless conflict may also negatively impact your mental health and general well-being.
Filing a divorce first can increase the tension and stress between you and your husband. Divorce is already a challenging and emotional process. Thinking about how your choice may affect your relationships with your spouse and others is crucial before making it.
Negotiation and Compromise
If you lay down the ground rules, your partner may be less likely to cooperate to reach a win-win solution. That may result in a communication breakdown, making working on crucial issues like child custody and property division more challenging.
It can sometimes be assumed that the spouse who files a divorce first is less prepared to negotiate or compromise, which makes it more challenging to reach a fair and equitable settlement. Considering how this choice can affect divorce and the ability to cooperate for a favorable outcome is crucial.
How can the dynamics between you, the ex-spouse, and the children be affected by filing for divorce first? Both during and after the divorce process?
The interactions between you, the ex-spouse, and the children can be significantly impacted by filing for divorce first, before and after the divorce process.
During the divorce process
- Power dynamics: If you file for divorce first, you may feel you have more control and authority to make decisions. It may result in tension between you both, and disputes regarding child custody, visitation, and other matters may arise.
- Emotional reactions: Depending on what happened, the decision to file for divorce may have startled, wounded, or betrayed your ex-spouse and children. That may cause heightened emotions and complicated relationships during the divorce process.
- Uncertainty for Children: If you file for divorce first, your children may feel anxious about their future, especially their relationship with you. Their emotional health may be impacted during this trying period if they worry about losing contact or feel abandoned.
After the divorce
- Co-parenting problems: If one party files for divorce first, it could be more challenging to work together and make decisions for the children. It could set the stage for an aggressive co-parenting relationship. Ongoing disputes can make things stressful and have a detrimental effect on their well-being.
- Resentment from an ex-spouse: Your ex-spouse might be bitter since they were surprised when the divorce was filed, which could cause conflict and enmity to persist. It may affect children’s interactions, making it more difficult to create positive co-parenting dynamics.
- Adjustment difficulties for children: Your children may experience major life changes due to a divorce, including possibly losing a parent. The first shock of the parent starting the divorce may exacerbate their psychological and emotional strain during this difficult adjustment period.
It’s critical to remember that each family is different and that there can be a range of effects from a parent filing for divorce first. Prioritizing the well-being of everyone involved can help overcome these difficulties and emphasize transparency, empathy, and professional support, like counseling.
A Las Vegas Lawyer Can Help
Donn W. Prokopius, Chtd, can help if you are considering divorce in Las Vegas or have just been served with a complaint. Call us at (702) 474-0500 to arrange a consultation and learn more.