Are There Benefits To Filing For Divorce First? New Jersey Family Law Attorney Explains

When a marriage begins to dissolve, many people wonder whether there’s an advantage to being the first to file for divorce. According to New Jersey Family Law Attorney Eric Hannum of the Law Office of Eric B. Hannum Esq., LLC, the answer is yes.

Too many men and women sit quietly, hoping their marital situation will improve while sensing a divorce on the horizon. But these delays can set you back financially, emotionally, and legally for years to come. 

In contrast, there can be a number of strategic and procedural benefits to making the first move, as attorney Eric Hannum explains below.

Strategic Control And Preparation

Divorce can feel unpredictable and disorienting, even for the strongest of us. But one of the primary advantages of filing first is having more control over the process ahead. 

As the filing party, also known as the “plaintiff,” you have the ability to choose the jurisdiction and set the tone for how the proceedings will move forward. This can be particularly helpful if you anticipate contested issues regarding custody, support, or property division.

Filing first also gives you time to prepare—both financially and emotionally. You can consult with a family law attorney, gather financial records, secure housing arrangements, and begin to map out possible custody arrangements before the other party is even served. 

This preparation can give you a critical edge in the early stages of litigation, help reduce your stress, and allow you to better control the road ahead.

First To Speak In Court

Filing first presents another opportunity that many people don’t consider: the chance to speak first in court. In many cases, the plaintiff presents their case before the other party, giving you the benefit of shaping the narrative and setting the groundwork before your spouse responds. 

Your initial, clear, and informed testimony may positively influence the way the judge views your case, particularly when it comes to complex or contested issues. This can be especially helpful if you anticipate untrue or exaggerated accusations from the other party, such as allegations of spousal abuse, poor parenting, or a substance abuse issue. 

Protecting Your Interests Early On

When you file first, you can also request temporary court orders to protect your interests during the divorce process. These may include orders for child support, spousal support, or restraining orders regarding assets. 

Considering the potential uncertainty of your life after divorce, getting ahead of these issues is critical and can help set a more stable, secure tone for your future, financial situation, or parenting arrangements for years to come. 

A Significant, Positive Impact On The Process

It’s important to note that being the first to file doesn’t inherently affect the final outcome of your divorce. Judges in New Jersey treat both parties equally regardless of who files first. 

However, the procedural benefits—from better preparation to greater initial influence—can make a significant difference in how smoothly the divorce proceeds. 

When you file first, you’re able to get out in front of the legal process, have a better sense of what to expect, and, with the help of an experienced attorney, can strategically defend your future, assets, interests, and rights as a parent. 

Anticipating A Divorce? Reach Out To Eric Hannum Today.

Whether you’re considering filing for divorce or responding to a summons, it’s important to consult with a knowledgeable, invested family law attorney from the very start. 

Eric Hannum and his team at the Law Office of Eric B. Hannum Esq., LLC have the experience, focus, and strategic insight to guide you through every step of the divorce process, helping you protect what matters, reducing stress, and ensuring your voice is heard.

Have questions, or in need of legal guidance? Take the first step and schedule a consultation by visiting www.ericbhannumlaw.com today.