Should I File Divorce for First?

Should I File Divorce First in Texas

Your marriage is falling apart and it appears that there is no return. You brought up an uncontested divorce to your spouse. Should you decide to file for divorce first in Texas? Or, should you instead allow them to file first? Or does it even matter here in Texas when filing for divorce?

While there are no guaranteed benefits or advantages to filing for divorce first in the state of Texas, it may make your case appear stronger in the eyes of the court. Speaking with an experienced Divorce Attorney like our attorneys at Marx, Altman & Johnson can help ensure that we can make the process as smooth as possible and leaning in your favor.

Advantages of Filing for Divorce First

Although being the petitioner may not affect the judge’s final ruling, there can be some benefits to being the first to file. These advantages may include:

Choosing the County in Which You File – if you and your spouse are currently separated and live in different counties, you may be able to file in the one most convenient to you.

Making Your Plea – when you file first, you can set the tone of the divorce by pleading fault or no fault. Although this plea can change during the proceedings, it can help your case, depending on the circumstances.

Temporary Orders Hearing – typically speaking, most divorces never go to court. Instead, they are settled in a series of hearings, which can determine various elements of the settlement, such as child support or conservatorship (custody). By filing first, you can usually have more time to prepare for these hearings, as well as plead your case first.

Preventing Fraudulent Behavior – if you’re worried that your spouse may act nefariously when confronted with a divorce, then filing first can allow you to get a temporary restraining order to ensure that he or she follows the law, particularly when it comes to hiding assets.

File for Divorce First in Texas with Marx, Altman & Johnson

If you’re looking for a divorce lawyer that can help guide you through filing for divorce in Texas, schedule a FREE first appointment with the law office of Marx, Altman & Johnson.

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