We frequently are asked if it is best to wait and let one’s spouse file the divorce first. There are many considerations we look at before making a recommendation but there is one reason that can strongly suggest that filing first would be beneficial. That reason is EX-PARTE Orders.
Ex-parte orders are orders the court enters without notice to the other party. The court can use this power to set custody, parenting time, and restraints on the use of assets including cars, homes, bank accounts and business assets. These orders are more common at the beginning of cases because it is more difficult to make contact with an unrepresented party.
The person that files first has two advantages. First, the person that files has the first opportunity to ask the court for an ex-parte order. Second, the court is less likely to issue an order against the person that filed first. This is particularly true when the person that files first is represented by an attorney.
If you fear that your spouse may do something drastic that will damage you or if you think your spouse is out to be as aggressive as possible, you should strongly consider the use of an ex-parte order. The ADAM attorneys at SHAW LAW GROUP can help you evaluate your case and determine your best course of action. Call us at 616 817-2326.