It is sometimes believed by the general public that filing first for divorce has significant advantages over being served with a divorce petition. When it comes to decisions made in courtrooms, that is not the case. The judge will not favor the litigant who filed first, nor will that factor into any decision they make.

Nonetheless, other advantages may exist that can help an individual feel like they have more control over the divorce. In this article, Danville, IN, divorce lawyer Chris Arrington will discuss some potential advantages of filing for divorce first in Indiana. 

What are the benefits of filing for divorce first in Indiana?

While it is true that filing first will not impact the outcome of your divorce case, there are some advantages that you may want to consider. These include:

• Protecting evidence – During divorce, all your assets and debts must be inventoried so the marital estate can be equitably divided. By filing first, the petitioner can begin the process of collecting evidence before the respondent has an opportunity to destroy documentation. 
• Selecting the best attorney – If you are the one who is filing for divorce, you will have the opportunity to select your attorney first. This means you can get a top-rated attorney before your spouse has even had a chance to look. 
• More time to prepare – The divorce process is initiated by an individual filing a Petition for the Dissolution of Marriage. The individual who files the petition has more time to prepare than the individual who is responding to the petition. This is because you must respond within a certain amount of time. 
• Where to file – As the petitioner, you can decide which county to file your petition in. However, you must have resided in Indiana for at least six months. You should file for divorce in a county where you or your ex-spouse lived for at least three months to avoid issues, such as a Motion to Transfer. 
• Temporary orders – During the divorce process, parents will need to decide who will be the primary caregiver for the children. Parents should consider all factors involved and ensure the best interests of their children are met. If you and your spouse disagree, or if there are allegations of abuse, it may be necessary to seek outside help to resolve the issue. To protect you and your child’s interests, the petitioner can ask for temporary orders to establish a parenting time schedule, set up temporary support, establish possession of the residence, or set aside money to pay off marital debts.

Talk to a Danville, IN, Divorce Lawyer Today

Chris Arrington represents the interests of parents and spouses in their efforts to dissolve their marriage and untie the knot. Call our office today to schedule an appointment, and we can begin addressing your concerns right away.