Charlotte Divorce Lawyer Blog
Which Spouse Should File for Divorce First?
When you decide to end your marriage, it is not always a choice that you and your partner make at the same time. If your marriage has been heading toward divorce, you are probably aware of the decline. But which person should file for divorce first, and are there any advantages or disadvantages to doing so? North Carolina is a “no-fault” divorce state, which means that regardless of who files first, the marriage is ending because it is irretrievably broken.
How the Divorce Process Works
When two people divorce, one is the plaintiff, and one is the defendant. This is true even in cases where both people are in agreement that they want to end their union. The first person to file for divorce is called the plaintiff, while the other party is the defendant or respondent. When you file for divorce, the respondent is served with the petition and has a limited length of time to respond. If he or she fails to respond, they default, and it could mean that you have more control over the situation.
Preparing for Divorce
Once you decide to end your marriage, you will need to start preparing for divorce. North Carolina law generally provides for couples to divide their property, assets, and debts in an equal manner. This presumes that a 50/50 distribution is fair and equitable. One of the first things to do once you begin the divorce process is to take inventory of your bank accounts, assets, property, and debts. By filing for divorce first, you will help to ensure that your spouse will not be able to hide assets or keep property from you.
Where to File for Divorce
It can be helpful to file for divorce first in cases where you and your spouse reside in different jurisdictions. If you both live in the same area, this is generally not an issue. However, if you live in different states, for example, having to go to court hearings could be difficult and expensive. It is important to note that the laws of the state where you file for divorce apply to the process. In order to be eligible to file for divorce in North Carolina, one party must have lived in the state for at least six months prior to filing.
Are There Any Disadvantages to Filing First?
As the person filing first, you must provide the court with details about the case first. This could be detrimental in some instances. However, whether a person files for divorce first will not impact the settlement terms of the divorce. These include issues such as the distribution of assets, child custody, and alimony, among others. Although an attorney isn’t required to get a divorce, an experienced divorce lawyer will protect your rights and help guide the process. The person filing for divorce does not have the upper hand in the matter. A respondent may file a counterclaim.
A consultation with a divorce attorney will provide you with guidance and answers to your questions. Call us today at Arnold & Smith, PLLC, at (704) 370-2828 to speak to our legal team.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
Source:
https://www.law.cornell.edu/wex/no-fault_divorce
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https://www.freeimages.com/photo/be-with-me-2-1309374
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