Does Filing For Divorce First In Arizona Matter?

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by | Aug 23, 2021 | Divorce and Family Law

Does Filing For Divorce First In Arizona Matter? 

Arizona is one of the few states that will allow you to file for a divorce before telling your spouse. The state is known as a “no-fault” divorce state, which means you don’t need to prove fault in order to get divorced. There are some other considerations when filing for divorce first and it’s important that both spouses understand their rights and responsibilities.

Arizona residents often ask whether it matters who files for the Arizona Divorce first? In most cases, no – but there are some exceptions with certain filings, so it might be worth looking into your individual situation. 

Common Misconceptions About Filing For Divorce First

  • One frequent myth is that if you file for divorce first, your spouse would have more time to accumulate assets.

This is not the case. This isn’t always the case since the other spouse can’t just quit working and stay at home all day attempting to hide their money from you!

  • Another drawback that individuals worry about is having a decreased possibility of spousal support payments.

Spouses should remember that even if they don’t ask or apply for alimony during the filing process, they are still entitled to it – so there’s no need to be concerned about whether or not you’ll be able to get any financial assistance after your divorce unless you’re in a very specific situation that would require an Arizona family law attorney. The same may be said for child support.

If you’ve been thinking about filing for divorce and are wondering what the best course of action would be, we have some helpful advice. First off, if it is financially feasible to do so, consider initiating the process before your spouse does. This will put control over key aspects of the issue in your hands early on and may even give you some tactical advantages that can help make sure things are done properly from start to finish. You don’t want to find yourself at a disadvantage because they filed first without knowing all their options or having a solid plan set up beforehand! Contact us today with any questions about how our team could help make this situation easier on you by providing expert guidance every step of the way.

Benefits Of Filing For Divorce First

  • Filing for divorce ahead of your husband gives you more control over the issue from the start and may provide you some strategic alternatives.

If you’re considering filing for divorce, consider initiating the process before your spouse does. This will put control over key aspects of the issue in your hands early on and may even give you some tactical advantages that can help make sure things are done properly from start to finish. 

You do not have any inherent rights over your spouse if the situation were reversed and your spouse happens to file first; however, it is still important to understand state law so that there are no surprises later down the line.

  • Filing for divorce as the first to do so can leave you with plenty of time to conduct your due diligence.

You will not be rushed and should have ample amount of time before you file it electronically or physically in court.

  • You would be the first to submit your case if you filed for divorce first

In the courtroom, time is of the essence. For this reason, it’s important to start preparing early in advance so you can have your say before others do. There are certain benefits and disadvantages to consider when making such a legal approach which should be discussed with an attorney beforehand.

AZ Divorce Guide

Are You Looking for a Family Law Attorney Skilled in the Distribution of Property and Division of Debt in a Divorce?

The attorneys at GillespieShields are well-versed in a variety of different legal fields, ranging from family law to civil suits, employment disputes, and probate cases. Although we specialize in several areas of practice, our greatest passion is family law. In Arizona, married couples are required to divide property upon divorce. All property acquired during the marriage will be divided equally between both parties; it is known as community property in this state and applies to all types of possessions (both tangible and intangible), real estate, income, or debts that exist at the time of divorce. This can make dividing marital assets a daunting task if not done correctly from day one because there are certain rules which must be adhered to! During our private, one-on-one consultation, we’ll take the necessary time to answer any and all of our questions surrounding Arizona’s family laws, your family’s unique situation, and the possible court outcomes. Contact us today for your consultation!

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