Legal Advantages of Filing For Divorce First
Were you surprised when your husband told you that he was filing for divorce? Or were you thinking about it too but never had the opportunity to openly talk about it? Most couples have pretty much an idea that divorce may be the only thing that could save them from the miserable marriage they find themselves in, but they don’t want to succumb to the thought because of fear that their spouse might think that they are giving up on something that can still be fixed.
However, if you strongly feel that filing for a divorce is the only way you can go, then you must seriously consider it now. Perhaps these legal advantages when you file for divorce might convince you to do it first:
When you decide to file for divorce first, you can choose where you want the divorce case to be adjudicated. Usually, divorce cases are determined based on the jurisdiction from which they have been filed. If you and your husband still live together in your marital home, the court where you live is usually where you can apply for divorce. However, if you already live in separate parts of Canada, the jurisdiction where the divorce case will be under will be based on the jurisdiction of who applied for it first.
Because you know the court where the case will be filed, you and your divorce lawyer would be able to plan appropriately for your course of action. You can strategize to make sure that you get the most out of the divorce. Make sure to hire a divorce lawyer who has been practicing in Edmonton to ensure that he knows the law and has been exposed to various types of divorce cases.
The first to file for divorce may also be the first one who gets the chance to present his or her case in court. Remember that there will always be two sides of the story. In a divorce case, the first one to file always seems to be the wronged spouse and the other one may be referred to as the "rejected spouse." The spouse that files for divorce first will be able to talk to their lawyer and discuss the grounds for divorce. Since you will be able to speak to your divorce lawyer first, you will be able to get the best possible scenario about your divorce.
With the assistance of an experienced divorce lawyer, you will be able to understand where the problem lies. From there, you’ll be able to realize the best thing that can be done.