Why should a party file for divorce first


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There are a number of divorce lawyer Sydney and in other cities too. In addition to fighting the case for their clients, they also act as counselors and advisors for their clients. One of the pieces of advice which divorce lawyers in Sydney and in fact all city lawyers give is that it is better if their client files for a divorce first. There are a number of reasons and advantages why it is beneficial to their client.

Advantages of filing the divorce first –

There are a number of advantages of filing the divorce before the other spouse. Some of them are –

Being in Control

When the spouse files for divorce they get a feeling of being a little more in control than the other spouse. It also helps them feel they are at a more stable place in their lives than they would otherwise have felt. They also have the advantage – that if they decide they don’t want to go ahead with the divorce or if they have a change of heart, they can cancel or withdraw the case. This they can do by dismissing what they had petitioned. The other party doesn’t have this advantage.

They can also speed the case up if they so desire. If the other party tries to slow down the case, they can ask for the court to schedule the hearings so as to ensure that the case is finalized in the shortest period of time.

Venue and jurisdiction

When the spouses live in different geographical locations, the place where the divorce is filed is usually up to the person who files the divorce in the first place. Thus the first party gets to choose a location that is more convenient for them and the time that is more convenient as well.

First impressions

When the person files the case they usually get to present their case first. This allows them to present their case, the evidence and the information in a manner that is poised, reasonable as well as agreeable and persuasive. They also can rebut what the opposing party presents.

Standing order

When the person is unaware that their spouse is filing for divorce, there is always the element of surprise. This also means that when the petition is filed, there is a standing or a restraining order on the custody of the kids as well as there is a standing order on the taking on of any additional debts that are there or even on the marital financial assets.

Getting Relief

When the spouse has moved out of the home and is not helping with the marital bills or the support of the kids; when a divorce is filed, these situations can be remedied. The court has the option of issuing a temporary order which will ensure that the marital debts and any alimony or child support are paid.

It is due to all these reasons and more that it is more advantageous to file for divorce before the other party does.


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