Are you a resident of Missouri who’s thinking about filing for divorce? Are you concerned that your spouse might file first, potentially costing you certain advantages during the process? If so, you might be wondering how important it is to the outcome of your proceedings that you be the one to initiate them. Here’s what you need to know about filing first in Missouri and whether it could shape the outcome of your divorce.
Potential Advantages of Filing Divorce First
Before we go any further, it’s important to state clearly that Missouri does not prioritize the interests of one party to a divorce over the other simply because one initiated proceedings. Rather, the goal of the court in these circumstances is to be impartial and to make decisions based on the merits of the individual case and the people it involves.
Still, some people prefer to be the one to initiate a divorce because they feel better able to set the tone of proceedings. For example, the filing spouse may be able to choose the timing of the petition and, depending on the circumstances, the jurisdiction that hears it. Moreover, by being the person to file, the spouse is being proactive rather than being put in a position where they are strictly reactive.
Why It’s Important to Work with an Experienced Divorce Lawyer
Far more important than your choice to file for divorce first is your choice to work with an experienced divorce lawyer. Courts are legally bound to pursue an outcome that’s fair to both spouses. That said, you’d put yourself at a distinct disadvantage by attempting to represent yourself—especially if your spouse has already secured legal counsel. A good divorce attorney can:
- Sit down with you to explain your rights and what to expect at each stage of the proceedings
- Seek temporary orders regarding financial support or child custody, as relevant
- Protect your assets and assert your right to an equitable share of the marital property
- Safeguard your relationship with your children and help you provide for them
- Negotiate hard on your behalf at the negotiating table to minimize the time you spend in a courtroom
- Represent you in court if litigation is the best way to assert your rights
Without a lawyer on your side, you have no one to represent your interests or advise you on the fairness of potential terms—regardless of whether you or your spouse was the one to file for divorce first. Don’t make this mistake. Instead, get in touch with an experienced Missouri divorce lawyer as soon as you start to contemplate ending your marriage.
Contact Grant, Miller & Smith, LLC, for Help
At Grant, Miller & Smith, LLC, we want to help you secure the fair resolution you deserve in your divorce case in Missouri. Contact us today for a confidential consultation with an experienced divorce attorney serving St. Louis County. We can review your situation and determine whether it would be beneficial to be the petitioner and represent you throughout the proceedings.