Advantages to Filing Divorce Before Your Husband Does in Tennessee

Deciding to file for divorce before your husband may bring with it a few small advantages. Primarily, it can help you prepare for the process so you’re not taken aback if you’re suddenly served with divorce papers.

But overall, the facts and circumstances of the case and your legal strategy will have more of an effect on the outcome than who decided to divorce first. In Memphis, a divorce lawyer can provide divorce help for women who are contemplating divorce or who have been served with papers.

Prepare Yourself for the Divorce Process: Should I File the Divorce First?

Being better prepared for the case may be the greatest advantage of deciding to divorce and filing the papers before your husband. Before you file, you can gather financial records, information and anything else that will be addressed in the divorce.

By seeking legal counsel ahead of time, you will be able to start thinking about what you want to get out of the divorce and develop a legal strategy to approach the divorce proceedings. A Memphis divorce lawyer can start addressing some of the challenges that you might face.

If your husband is served with divorce papers, he may be caught off-guard, or even if he isn’t completely surprised, he may not have taken the time to get ready.

The party who is served with papers has 30 days in which to respond in Tennessee. This can leave him scrambling to find a lawyer, preparing a response, and/or submitting a counterclaim. If he does not respond in the given time period, you may ask for a default judgment.

But even if your husband files before you do, it won’t ruin your chances of reaching a settlement that’s fair to you. A divorce lawyer can provide divorce help for women who need to file a response or counterclaim and can help women proceed from there with the rest of the case.

Mental Preparation for the Divorce Process 

Deciding to divorce before your husband also may help you mentally prepare for the process and the stress that may come with it.

By preparing yourself emotionally, you may help reduce the stress you might otherwise feel upon being served with papers. Being served can be distressing and may lead to emotional responses. By preparing yourself ahead of time and starting the process yourself, you may avoid emotional responses or knee-jerk reactions that may hurt you in the long-run.

For example, if you lash out at your husband after being served with divorce papers in a moment of anger or frustration, such outbursts may be used against you in a custody battle. What’s more, some may feel the need to respond immediately by filing an answer that is not planned carefully.

Some women may even feel proactive by deciding to divorce first and taking that initial step to get the process started. Feeling more in control of the situation may help some women through what can be a difficult process.

To learn more, see 5 Advantages of Filing First in My Tennessee Divorce and download our FREE e-book, Your First Steps: 7 Steps Planning Your Tennessee Divorce.

Seeking Help from a Memphis Divorce Lawyer 

Keep in mind there will be no legal or tactical advantage to filing first. The issues of child custody, child support, alimony and division of marital property will still have to be worked out and will depend on the facts of the case and your negotiations with your husband and his lawyer.

Your attorney can help you sort out these issues and go over the legal options or obstacles you might face whether you file first or must respond after your husband has filed the papers. In Memphis, a divorce lawyer with the Miles Mason Family Law Group can provide divorce help for women who are deciding whether to divorce.