There are many factors to consider when filing for divorce, and many people wonder if being the first to file holds any advantages. In Texas, filing for divorce first can have some potential benefits, but it is not always necessary.
Understanding these benefits can help you decide when and how to take action.
Establishing control over the process
The spouse who files for divorce first in Texas gets the opportunity to set the tone of the case. This spouse decides the initial terms presented in the divorce petition.
By doing so, you may outline preferences on important issues such as property division, child custody and spousal support. This can give you a sense of control over how the case begins, but keep in mind that both parties will have the chance to negotiate or argue for changes later.
Choosing the court location
Another potential advantage of filing first is choosing the court location. In Texas, the petitioner can file in the county where they reside or where their spouse resides, as long as it meets residency requirements. Choosing a court that is convenient to your location can be beneficial in terms of travel and familiarity with local court procedures.
Protection from financial moves
Filing first can also offer some protection against financial moves that your spouse might make. After the filing of a divorce petition, Texas courts often issue automatic temporary orders that prevent either spouse from transferring or hiding assets. This can protect you from losing valuable property or financial resources during the divorce process.
While filing for divorce first in Texas offers certain advantages, it does not guarantee a better outcome. Texas courts prioritize fairness and the best interests of any children involved. Both parties will have the chance to present their case, negotiate terms and reach a resolution that meets the legal requirements.
