Deciding to file for divorce in Florida is never an easy process. In fact, it is probably one of the most difficult situations you will ever face. While the person who initiates the split may have the upper hand psychologically and emotionally, does the same apply when it comes to the actual divorce?
Will the spouse who files for divorce have the upper hand over the other person?
While the petitioner may have an advantage emotionally and psychologically, especially if the other person wasn’t aware of their intention to end the marriage, when it comes to the legality of a divorce, it doesn’t make a difference who files for divorce first.
If you have more questions about this, you can get in touch with me, at Griffin Family Law. You will find that I am more than happy to discuss your situation and any questions you have.
While this is true, it still matters who initiates the divorce proceedings.
The Legal Advantage in a Divorce Case – The Petitioner or the Respondent
If you decide to file for divorce, you have made the decision finally. Even if you and your spouse have thought about it in the past, when you finally make a move, it changes things.
The question is, will you see advantages if you are the Petitioner?
Issuing a Cause for Ending a Marriage
Florida is a no-fault divorce state. This means it doesn’t matter who will file for divorce initially. When you file divorce papers, neither party has to state a reason to end the marriage. Instead, it’s required that you state that your marriage is “irretrievably broken” to move forward with the divorce proceedings. Because of this, there is no advantage for the spouse who files for divorce.
Getting the Upper Hand by Filing for Divorce First in Florida
In some respects, you do have a bit of an upper hand if you initiate a divorce. This is because after someone is served with divorce papers, then they have just 20 days to answer. What this means is that the Respondent only has three weeks to talk to a divorce attorney and develop a legal strategy for problems related to the case. This includes things like child custody, alimony, child support, property division, and more.
Protecting Your Rights When Filing for Divorce
If you are planning to file for divorce, you may get a bit of an advantage if you file the papers. However, even if you are the Respondent in the situation, you can still achieve a positive outcome by hiring my legal services. I have years of experience helping with divorce cases throughout Florida and can provide the same quality services to you.