When a marriage reaches its breaking point, one of the first questions that may arise is whether it matters who files for divorce first. Some think being the first to file comes with an advantage. While filing for divorce first can have implications, it’s not as crucial as you might think.
No Inherent Advantages in Filing for Divorce First in New Jersey
In New Jersey, there is no inherent advantage in filing for divorce first when it comes to the outcome of the case. Unlike some states, where the petitioner may receive preferential treatment in certain circumstances, New Jersey allows for no-fault divorces, meaning that the court does not assign blame to one party for the dissolution of the marriage.
Therefore, who files first generally may not affect the court’s ruling on issues like custody, division of property, or alimony.
However, there are practical benefits and consequences to being the first to file for divorce, which can affect your experience throughout the divorce process.
Benefits of Filing for Divorce First
While filing for divorce first doesn’t directly impact the final outcome, there are practical advantages to being the petitioner.
Timing
When you file for divorce first, you can control the timing of the proceedings. By being the first to file, you can set the initial court date and may have a better sense of the timeline.
Preparation
Filing first gives you more time to prepare your case. When you’re the petitioner, you can gather evidence, documentation, and legal support before the other party can respond. This advantage can strengthen your case and ensure that you are well-prepared for any initial hearings or negotiations.
Disadvantages of Filing for Divorce First
While there are advantages to filing first, it’s important to recognize the potential disadvantages.
Perception of Aggression
In some cases, filing for divorce first can be seen as a sign of aggression or decisiveness, especially if the other party is caught off guard. Filing first can lead to tension and may affect how the two parties communicate throughout the divorce process.
No Major Legal Advantage
While being the first to file may give you an edge in terms of timing and preparation, it does not give you a legal advantage regarding the actual division of assets, alimony, or custody arrangements.
Financial Costs
Being the first to file may also mean taking on the initial financial burden of the divorce. Filing fees, attorney costs, and other expenses related to preparing the divorce petition can be costly. While these costs are part of the divorce process, they can be significant if the other party is not financially prepared.
How the Court Handles Divorce in New Jersey
In New Jersey, the court is required to handle divorce cases in a fair and equitable manner. This process addresses key issues such as property division, spousal support, child custody, and child support.
The court will consider a variety of factors, including:
- The length of the marriage
- Each spouse’s financial situation
- Contributions to the marriage, including homemaking and child-rearing
- The best interests of the children (if applicable)
In cases involving custody, the court will always prioritize what is in the child’s best interests.
Filing for Divorce First in New Jersey Does Not Drastically Affect Your Case’s Outcome
In New Jersey, the short answer is that filing for divorce first does not drastically affect the outcome of your case. However, practical benefits include controlling the timeline and preparing your case before the other party can respond. While the divorce process can be emotionally and financially challenging, understanding the role of timing and preparation can help ease some of the burden.
Contact an Experienced Monmouth County Divorce Attorney at The Law Office of Jennifer J. McCaskill, LLC for Legal Advice
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
