In many divorce cases, the spouse that doesn’t file for the divorce (non moving) could face more severe implications than the moving spouse.
Does it matter who institutes their divorce claim? It could. In many divorce cases, a non moving spouse (the one that isn’t filing for divorce) could face more severe implications than the moving spouse.
Why It Matters
There are many reasons in which the moving spouse might have an upper hand over the non moving spouse:
- The spouse filing for divorce usually is in control of how fast the case proceeds.
- The initial divorce documentation includes the moving spouse’s claims as to the reasoning for the divorce. This might not be a just representation of the circumstance, but it may impact your judge’s outlook concerning the case.
- The spouse initiating the divorce could inquire that the other party pay half or more of the costs related with the filing. This might not be just, but it is usually a portion of the process.
Do I Need to Hire an Lawyer?
In many cases, each of the spouses can gather together and decide on tough divorce-associated decisions on their own, without having the court involved. When this isn’t possible, the next best answer is to hire a lawyer to aid you in negotiating with your spouse and/or your spouse’s lawyer.
In just about every situation, hiring a lawyer to represent you in your divorce case is a wise idea. A knowledgeable family law attorney is going to work to guarantee your side of the story is heard by the court, and when you both decide to settle the case, your lawyer can guarantee that your rights are fully safeguarded.
Source:
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Nolo. (2021, March 26). Does it matter who files for divorce first? Retrieved June 07, 2021, from https://www.divorcenet.com/resources/divorce/for-men/divorce-men-does-it-matter-who-files-divorce
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