Are There Advantages to Filing for Divorce First in Michigan?

Are There Advantages to Filing for Divorce First in Michigan?

Contemplating divorce is never an easy decision – people worry about the impact it will have on their finances and children. However, another big reason why individuals hesitate to take the first step is due to anxiety about filing. At Lucido & Manzella, P.C., we have empowered countless clients to find the courage to initiate their divorce process. With over 25 years of experience, we’ve discovered numerous advantages to being the first to file for divorce. In this post, we will delve into the benefits of filing first in Michigan, along with potential challenges you may encounter so you can make a decision that’s best for you.

The Advantages of Filing First

Establishing Jurisdiction

One of the main reasons to file for divorce first is to establish jurisdiction in Michigan. In order for a court to grant a divorce, it must have jurisdiction over the parties involved. This means that one or both spouses must meet the residency requirements set by the state, which include living in Michigan for at least six months prior to filing.

By filing first, you can ensure that the divorce will take place in your preferred location and under Michigan law. This may be important if your spouse lives outside of Michigan or if you want to avoid specific laws or procedures from another state.

Setting the Tone

Filing for divorce first can also set the tone for the entire process. By initiating the divorce, you have control over when and how it happens, giving you more power in negotiations and decision-making. This can be especially beneficial if there is a power imbalance in your relationship or if you want to avoid being caught off guard by your spouse filing first.

Additionally, filing first can show that you are serious about ending the marriage and may encourage your spouse to take the proceedings seriously. This could lead to a smoother and quicker resolution of issues such as property division, child custody, and support.

Gathering Evidence

Another advantage of filing for divorce first is that it gives you a head start on gathering evidence and organizing your case. In Michigan, courts consider several factors when making decisions about issues such as property division, alimony, and child custody. By filing first, you have more time to gather documents, collect witness statements, and prepare any other evidence that may support your side of the story.

Protecting Yourself

Filing for divorce first can also offer protection against your spouse’s retaliation. If you fear that your spouse may try to hide assets or make false accusations against you during the divorce process, filing first can give you the upper hand in ensuring that the proceedings are conducted fairly and transparently.

Potential Challenges and How to Overcome Them

Emotional and Psychological Hurdles

Initiating a divorce can be emotionally taxing. The knowledge that you’re taking the first step toward ending a marriage often carries a heavy emotional burden. However, acknowledging these feelings and seeking support from loved ones or professional counselors can help you cope with the emotional challenges of the process.

Delayed Response from Your Spouse

Filing for divorce first may also cause your spouse to feel shocked or hurt, which could lead to a delayed response. This can drag out the process and create additional stress and uncertainty. To address this issue, it’s important to communicate with your spouse about wanting a divorce. Working with a mediator or attorney can also help facilitate communication and move the process forward.

Court Costs and Legal Fees

Filing for divorce first may also come with additional costs, like court filing fees and legal representation. However, these expenses can be managed by working with an attorney who can offer cost-saving strategies and advocate for your best interests in negotiations or court proceedings.

Do What’s Best for You

Deciding to file for divorce is undoubtedly challenging, yet it’s crucial not to let fear or apprehension about filing first deter you from taking this step. The advantages of filing first, such as establishing jurisdiction, setting the tone, gathering evidence, and protecting yourself, are significant and can profoundly impact the outcome of the divorce proceedings in your favor. Plus, any challenges can be effectively managed with the correct support system and experienced legal representation.

If you’re considering filing for divorce, contact the dedicated team at Lucido & Manzella, P.C. We’re ready to assist you with compassionate guidance.