File First to Take Control of Divorce Proceedings
Sep 24, 2011
Brandon, FL (Law Firm Newswire) September 23, 2011 – A recent phone call that Brandon divorce attorney Joshua Law received reminded him of the importance of filing for divorce first. The individual wanted to get divorced, but was scared to serve papers on her soon-to-be ex. She did not want to be the person that pushed the divorce, but was also ready to move on.
“The spouse who files first controls the divorce proceedings at the onset and gets to request temporary orders such as custody and who gets to stay in the home,” said Josh Law, who practices divorce and family law at Osenton Law Offices. “The other spouse will know immediately that you are serious.”
The spouse who initiates the legal divorce proceedings gets to present their case first, thus controlling how the court hears the issues. Filing first gives that person leverage to make their case stronger and ensure a more equitable split of the assets, debts, and child custody matters.
“Filing first is the difference between being in the driver’s seat or having to play defense,” said Law. “You are more in control when you file first.”
There are many issues and decisions that must be made before filing, so it is critical to get legal guidance early on. An experienced divorce attorney will help create the divorce strategy and plan for hearings, and make any contact with the ex much smoother and beneficial for all. Being the spouse to initiate the divorce also helps an individual avoid some common divorce mistakes.
Mistakes include not thinking of personal finances and how to tell the kids about the big change. “When you file first, we will have you promptly close any joint accounts, change beneficiary designations, and protect your assets in case your ex would want to go on a spending spree and wreck your credit history,” Law said. Filing first also gives an individual the ability to tell the kids what the divorce means to them and that it is not caused by them.
“Let the kids know that you will always be there for them and at any time they can ask questions,” Law said. “But do not bad-mouth your ex. Remember that they will always have the other parent too, so do not try to start a game of who’s your favorite parent. Let them know that both of you have agreed to this decision.”
Brandon divorce lawyer Joshua Law is experienced in helping individuals be proactive with divorce proceedings and carrying out a solid strategy from the time papers are served to making sure the parenting agreement is followed. He is a member of the Florida Bar and also skilled in child support, paternity cases, and contempt motions. To learn more or to contact a Brandon family law attorney or to contact a Brandon lawyer visit http://www.brandonlawoffice.com.
Osenton Law Office, PA
500 Lithia Pinecrest Road
Brandon, Florida 33511
Call: (813) 654-5777
