Should You File First? Understanding The Strategic Advantage In Minnesota Divorces

In this article, you will discover:

• Whether it’s advantageous for you to file for divorce first in Minnesota.
• The documentation your attorney will need to help you file for divorce.
• The risks of waiting for your spouse to file for divorce first.

How Can I Prepare To File First For Divorce?

Filing first for divorce depends on the situation. To make a well-informed decision, consider hiring an attorney. While the court provides forms you can fill out yourself, the real issue is that divorce law is complex. It’s even more complicated if you have combined assets and children.

Unwinding your relationship can be more complicated than it might seem. For instance, although it may initially seem sensible to divide assets in a certain way, the law may have other ideas. Unless you’ve studied the law and looked at the relevant case law, it’s hard to know the ramifications of your decisions down the road.

And just because your parents or your neighbors divorced and didn’t face any complications doesn’t mean you won’t. Every case and every family is different.

Working with an experienced attorney will help you navigate those complications for which you lack experience. In many ways, it can be penny-wise and pound-foolish not to hire an attorney from the beginning. You don’t want to spend time down the road trying to unwind the mistakes you made in the divorce because you lacked knowledge and experience.

What Documents And Information Will My Attorney Need Before I File For Divorce?

At the outset of a divorce, your attorney will look at the assets of the parties to determine how to divide them, especially if child or spousal support is a consideration. Your attorney will then look at any special circumstances surrounding your case, such as if one spouse is disabled or is the higher earner.

It’s also helpful to have two years of bank statements, pay stubs and any medical documents concerning any medical complications or unique situations. If there are orders for protection in place or if one of you is in the military, you should let your attorney know. Any special considerations about your family and about your spouse are helpful to have from the beginning.

Attorney Kathleen Gomez is a skilled lawyer based in Otsego, MN, who has helped countless clients just like you navigate the intricacies of divorce law. With years of experience, she is prepared to assist you with all aspects of filing for divorce so that you can protect your and your children’s rights.

Still have questions? Ready to get started? Contact Gomez Law PLLC today to schedule an initial consultation.

Does Filing For Divorce First In Minnesota Give Me A Legal Advantage?

Sometimes, there’s an issue with jurisdiction that can be resolved by filing first. However, whether you get divorced in Sherburne, Wright, Anoka or Hennepin County, most of the time, it doesn’t matter who files first.

Occasionally, one court system may be more backed up or have more resources than others. Otherwise, the only advantage that filing first gives you is the choice of jurisdiction.

What Are The Risks Of Waiting For My Spouse To File For Divorce?

The most significant risk is that your spouse may not file for divorce. If you’re expecting to get divorced and it never happens, you’re still legally obligated to one another. If you die, most of your assets will go to your spouse if you’re still married, regardless of what your will says.

The other potential risk, if you don’t respond to your spouse’s divorce petition, is that they could decide to withdraw it. If you have not responded with a counter-petition, your spouse could choose not to move the case forward. Then, you will have to refile your case if you want to get divorced.

Yet another risk might be if your spouse leaves Minnesota and files for divorce in another state. While there are specific requirements they’ll have to meet, you could wind up getting divorced in a state you’ve never been to.

When Does It Not Make Sense To File First For Divorce?

Regarding not filing first, the most crucial factor to consider is the emotional side of the divorce. Sometimes, the brain knows the relationship is over before the heart does. In that case, if you just can’t make up your mind whether to stay or to go, it might make sense not to file first.

Still Have Questions? Ready To Get Started?

For more information on who should file first for divorce in Minnesota, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (763) 270-1571 today.