Crystal Wright | February 13, 2025 | Family Law
Filing for divorce first should not inherently provide one spouse with an unfair advantage. However, in contentious cases, the first to file—particularly if the other spouse is unprepared—may gain strategic benefits. This dynamic can create a “race to the courthouse,” where spouses seek legal leverage, even when divorce is not mutually desired. While the law aims for fairness, the timing of a filing can influence key aspects of the process, including jurisdiction, initial court orders, and procedural control, potentially shaping the outcome of the case.
The Timing Advantage
If one spouse is not aware that the other spouse is planning to divorce, the filing spouse can take time before filing to meticulously prepare for it, giving themselves plenty of time to get the job done right. Once they file for divorce and the lawsuit begins, the court will set dates for hearings, discovery timelines, and deadlines for mediation before trial.
This accelerated timeline is what the non-filing spouse will have to deal with. By this time, however, the filing spouse is likely to be well-prepared. Here are some of the advantages of early preparation and first filing:
Advance Preparation Makes It More Difficult for the Non-Filing Spouse to Conceal Assets
Assets that divorcing spouses frequently seek to conceal include investments, income, cash, and physical assets such as jewelry. If the filing spouse already knows that they are going to file for divorce soon, but the non-filing spouse doesn’t know, the filing spouse can take the time necessary to secure their access to these assets or at least prove in advance that they exist.
Financial Protection Against a Vindictive Non-Filing Spouse
The filing spouse might fear vindictive behavior from the non-filing spouse. If the non-filing spouse controls the family finances, things could get difficult for the filing spouse unless they carefully prepare. The non-filing spouse might seek to exact vengeance by cutting the filing spouse off financially, leaving them destitute until they can persuade a divorce court to intervene.
A family lawyer can help a filing spouse prepare for the possibility of this scenario by taking action to preserve their options. Before they file for divorce, the filing spouse might start saving money and secure a line of credit. If they apply for new credit cards, they might do so in their own name, not in the non-filing spouse’s name. An experienced family lawyer can advise on other ways for the filing spouse to enhance their financial position before filing for divorce.
First Choice in Hiring a Lawyer
This is particularly important in a small town, where there might be a single “best” divorce lawyer. If the filing spouse hires them first, the non-filing spouse cannot hire them. Since a lawyer can learn confidential information about the filing spouse during a case evaluation, it is a conflict of interest for the lawyer to speak to the non-filing spouse if the filing spouse has already consulted with them.
More Time to Prepare the Necessary Documentation and Paperwork
Divorce, particularly property division, can require a lot of documentation. Account statements, household bills, mortgage statements, ownership titles, and proof of insurance are just a few of many possible examples. The filing spouse can quietly collect these documents before filing for divorce. This is particularly important for the filing spouse if the non-filing spouse handles the family finances.
Psychological Advantage: First Chance to Present Your Case
The party who files for divorce first is likely to be the first party to have the chance to present their case in court. This could give them a psychological advantage when seeking to persuade the court.
Are You Considering Divorce? Contact a Lawrenceville Divorce Lawyer
If you are considering filing for divorce in Lawrenceville, Georgia, it is important to seek legal guidance as soon as possible. Divorce involves complex legal issues, including child custody, child support, and alimony, which require careful navigation. Consulting with an experienced Lawrenceville family lawyer early in the process can help protect your rights and improve your chances of achieving a favorable outcome.
We serve all through Lawrenceville, Georgia in Gwinnett County and its surrounding areas. Visit our law firm today at
Crystal Wright Law Lawrenceville
440 S. Perry Street, Suite 105
Lawrenceville, GA 30046
(404) 891-0134
