What Happens if my Spouse Files For Divorce Before I do?

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Divorce is a challenging time in life, to say the least. However, by taking certain proactive measures, you greatly increase your chances of achieving the outcome you desire. To learn more about how being the first one to file may impact the outcome of your divorce, please continue reading and reach out to our firm when you are ready to begin.

Does it benefit me to file for divorce first?

Generally, the answer is yes. While there are several different aspects that can control the outcome of your divorce, who files first is certainly one of them. That being said, hiring an experienced, compassionate, and trustworthy attorney is one of the most important things an individual can do when entering a divorce. That being said, if your spouse files first, you may be left scrambling to hire the first attorney you meet, as you will have plenty of catching up to do. For example, if you file first, you will have allotted the necessary amount of time to assemble all the documentation and legal paperwork that you need to proceed, allowing you to then direct your focus towards other important divorce-related matters, such as creating a budget for your future.

Additionally, if your spouse files first and is currently living in a different state, you may be required to travel all the way there simply to conduct divorce proceedings. Rather obviously, this is more than a small inconvenience and is just another reason why you should file first, as long as you are ready.

Does filing for divorce first impact me financially?

By being the first one to file, you allow yourself enough time to create a budget, potentially even with the help of an experienced financial analyst, ensuring you have a comprehensive plan going forward. Also, many spouses will elect to file a Temporary Restraining Order against their spouse–though not for traditional reasons. When you file a TRO, you prevent your spouse from accessing any jointly-owned marital assets. This means that your spouse may not borrow or lend money, and may not alter any terms of your insurance, retirement, or investments.

Contact our experienced New York firm

Divorce is complex. Fortunately, our firm is here to address any questions and concerns you may have regarding your rights, assets, and future. When you choose our firm to represent your best interests, we address each of your concerns and answer all of your questions to help you rest assured knowing you have a compassionate, skilled firm fighting in your corner. We leave no stone unturned. No matter your legal situation, if you need us, we are here. We pride ourselves on providing sympathetic service and aggressive representation to clients all over Suffolk County. Do not hesitate to contact the Law Offices of Susan A. Kassel, P.C. for a consultation.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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