It does matter who files for divorce first in Connecticut, as the person who files first can have more of a say over divorce negotiations, custody requests, and requests for temporary financial support. However, filing first in Connecticut isn’t always a good thing, as it can lead to significant expenses and increased emotional dissonance between divorcing partners.
You can schedule a consultation with a New Haven divorce lawyer to discuss whether or not you should file your divorce paperwork first and what to expect immediately afterward. Our legal team can represent you as your divorce progresses and ensure that you make the most of the rights afforded to you by Connecticut’s family courts.
Why Does Timing Matter When Filing for Divorce?
If you file for divorce before your partner does, you may gain certain procedural advantages, including establishing jurisdiction and setting the timeline for negotiations. Because you’re the one moving the paperwork forward, you get to decide which court gets to decide your divorce case.
For example, if your ex-partner has moved out of Connecticut, but you file divorce proceedings first, you get to determine which state hears your case. In other words, you get to determine whether or not a Connecticut judge weighs in on your case, preventing an ex-spouse from divorcing you under another state’s laws.
As a result, timing can influence several aspects of the divorce process. While you’ll still need to discuss a division of property and responsibilities with your ex-partner, filing first can give you some additional leverage. In doing so, however, it can also create more emotional strain between you and an ex-partner.
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Filing First Can Impact Your Negotiations
Filing for divorce first in Connecticut also gives the filing party the opportunity to establish the timeline for the divorce to take place. Early preparation gives you the opportunity to outline how you want to argue for your divorce and to gather the evidence you need to move your case forward.
You may also have the opportunity to present your evidence first at trial because you are the party initiating the divorce action. This means that you get to present your desired terms for your divorce, including your preferred arrangement of:
- Child custody and support
- Alimony
- Preferred distribution of assets, if you don’t have a prenuptial agreement to refer to
Downsides to Filing First in Connecticut
While filing first gives you some precedent in legal proceedings, you can also incur the fees for moving forward with divorce proceedings. Connecticut’s courts will view you as the party responsible for the initial expenses associated with the divorce process, including your filing fees.
Filing first can also create emotional challenges, particularly if the divorce comes as a surprise to your spouse. You can take your ex-partner by surprise with your divorce papers and subsequently sour conversations about your separation moving forward.
Working with a New Haven family lawyer can make it easier to mediate emotions, but you need to prepare for pushback if you don’t pursue your divorce jointly.
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Filing First Impacts Additional Paperwork
Making the first move when filing for divorce in Connecticut also allows you to address any concerns you may have about partner violence or child custody. The person who files first in Connecticut has the right and time to request a protective order from a judge. Judges can also order that a spouse leave your property if there’s a risk of partner abuse.
Some courts can also award the serving partner temporary custody of the children of the marriage, ensuring that they can continue to access both parents while the parents separate.
Finally, filing first may give you the opportunity to request temporary financial support in the form of child or spousal support. If your and your partner’s financial situations are not equal, an early request for support can ensure that you don’t find yourself facing stressful financial challenges as you determine what you want your future to look like.
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When to Contact a New Haven Divorce Lawyer
We encourage you to get in touch with a divorce lawyer in New Haven, CT, before you formally file for divorce. Working with an attorney makes it easier to gather all of the evidence you need to move forward with divorce proceedings, including every document addressing your shared financial situation, like property deeds, vehicle titles, tax returns, and shared insurance policies.
We can also help you complete a divorce petition and file it with the appropriate courts. In doing so, we can help you determine how you want to move forward with conversations about custody, alimony, the division of your shared property, and child support.
We’re prepared to go into detail about what you should expect from this process and can make recommendations as to how you might approach your case. We treat you like an individual, not a case number, and will account for your unique concerns accordingly.
Learn More About Divorce Proceedings With Happy Even After
Filing for divorce first in Connecticut can give you some additional power over your divorce proceedings. If you’re considering filing for a divorce, consider scheduling a consultation with divorce attorneys in New Haven. We can break down the benefits of filing first while also candidly discussing the downsides, including the initial costs.
Happy Even After wants you to clearly understand your options before you exercise your right to dissolve your marriage. We are here to answer your questions and help you develop a legal strategy that can protect you and the future you want to make for yourself. The sooner you get in touch, the sooner we can get started.
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