Is it better to be the first person to file for divorce?
Nevada is a no-fault state, meaning that you don’t have to have a reason for divorce, other than you just are not compatible any longer. Fault, blame, or wrongdoing are not factors that will be considered in determining how your divorce will play out. For this reason, filing first does not have much of an impact on a more favorable outcome for either party. Filing for divorce first does not mean that you’re going to necessarily win on your legal argument, it does not mean that you are going to have an upper-hand because you filed first or that you’re going to get everything that you are requesting. When evaluating the final terms of a divorce, filing first rarely has an impact on the outcome.
However, there are some advantages to filing for divorce first that may make the divorce process run more smoothly for the filing party.
- Attorney Selection
First off, if you are the person filing for divorce first, you have more time to interview and meet with attorneys to find the right attorney that works for you. What I always tell people who come to see me, who call me, or who ask me questions about this is that I feel the most important thing for your case is to have an attorney that you are 100% comfortable with. It’s imperative that you are both on the same page, and that you are able to communicate clearly and effectively and have a good relationship with your attorney. Therefore, if you file first, you have an opportunity to research and meet with different attorneys until you find the one that works for you. - Timing and Preparedness
Another advantage to filing for divorce first could be that it allows you to decide when the divorce will begin. It gives you time to be mentally prepared for the divorce. It allows you time to get a job, if you need to get a job. It allows you time to open up a bank account, or a credit card. It allows you time to plan out your custody and your visitation schedules that you’re going to be presenting to the other party. - Power to Cancel the Divorce
Filing first can also allow you the control to cancel the divorce if you and your spouse decide that divorce is not the right thing for you. - Due Diligence
Another advantage could be that it provides you the ability to do your due diligence prior to the divorce. For example, take pictures of furnishings, jewelry, and other notable assets. Also, make copies of various accounts, such as 401K’s, bank accounts, investment accounts, whatever is necessary to preserve the assets that you have in the event that your husband, or your wife, will try and attempt to hide those assets. This is extremely important so that you are able to equitably divide those assets later in the divorce. Read more at “5 Thing To Do Before Filing For Divorce.” - Divorce Trial
Finally, the last advantage, I think, of filing for divorce first, is the fact that if you do go to trial, you will have the opportunity to be the first person to present your case to the judge, as you will be the plaintiff in your case.
If you are considering divorce, or looking for representation, do not hesitate to contact our office to speak with our experienced Family Law attorneys to see if we are the right fit. Our office can be reached at (702) 998-1188, info@ljlawlv.com, or by scheduling a consultation online.
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