The Race to the Court: YOU Should File for Divorce
Making the decision to file for divorce — no matter the length of time spent together — is a difficult one. Oftentimes, people are reluctant to get divorced because they feel like divorce equals failure. However, a divorce is not all negative and can mean a fresh start.
Once you finally decide you want to pursue a divorce, there are a few actions you can take to ensure as smooth of a process as possible. The first step is to beat your spouse in the race to the court and file first.
Unless you and your spouse are in complete and absolute agreement of the terms of separation, the division of assets, child visitation and support, etc., you should obtain a divorce lawyer.
If the relationship has been tumultuous and divorce is a subject that has come up or your partner has threatened it, being the one to file for divorce will help you avoid feeling blind sighted.
It will allow you the time and mental space to plan, rather than react. Being the first to file for divorce allows you to maintain a sense of control in what could be a stressful and unsure time.
Your role in the divorce
The spouse that initiates a divorce proceeding, by being the first to hire an attorney to file the paperwork for divorce, is called the “Petitioner” in a divorce action. The spouse who is then served with divorce papers is called the “Respondent.”
The papers the Respondent will receive when a divorce is filed, include: a copy of the Original Petition for Divorce, a citation notifying them of the divorce and any other forms or orders that may be applicable.
If you are the Respondent in a divorce, do not be too stressed that you weren’t the first to the court. Neither party receives preferential treatment and the overall divorce proceedings remain the same, whether you are the Petitioner or Respondent.
The court will consider both sides equally and fairly. However, there may be advantages in getting ahead.
You get to state the reason
In the State of Texas, there are seven grounds for filing for divorce:
- Abandonment
- Adultery
- Conviction of a felony and imprisonment for over one year
- Cruelty
- Felony Imprisonment for over one year
- Insupportability, aka Irreconcilable Differences
- Institutionalization for insanity for three or more years
- Living apart for more than three years
The divorce petition will contain the grounds, or reason, for the divorce. This will be the first document viewed in court and will act as the first impression.
Additionally, you will get to present your side of the story first without having to worry about responding to the version of events or argument from the other side.
More time to gather documentation
Divorces can be amicable and smooth. However, amid such a transitional phase of life, you can most likely expect stress and tensions to arise. It tends to bring out the worst side of people.
For all shared properties/assets, you will need proof. In preparing to file for divorce, you should take time to gather property deeds, account statements, proof of insurance and other documentation.
Having everything in order will help prevent the divorce from being dragged out for longer than necessary.
Proceedings take place in your county
A divorce must be filed in the county where either spouse resides. If, for example, you were to move hours away from where you once shared your lives and your ex filed first in that county where they continue to reside, proceedings would be held in that county.
In such a circumstance, you have added expenses for travel, lodging and missed work.
What if my ex has already filed?
If your spouse has already filed, making you the respondent, do not worry. This does mean you are at a disadvantage. You may still make your case for what you believe to be a fair separation.
Consulting with a divorce attorney is the best thing to do. A lawyer will guide you through the process.
Schedule your divorce consultation
Villalobos Law Firm handles all aspects of family law, including divorces, child custody and the division of marital assets.
We are here to help you get through filing for divorce as smoothly as possible. Our attorneys work tirelessly to ensure you receive all that you are entitled to. You deserve to have closure so that you may move on the next phase of your life.
Call us at 956-682-3939.
