You already decided on divorce. Now you’re thinking if you should take action first. Filing first in a divorce and custody case comes with some challenges. You pay the initial filing fees. It can increase tension with your spouse. Filing first does not guarantee a win in court. The process can be emotionally hard. You need to gather evidence quickly. You also need to prepare your case before your spouse knows.
Click here to watch the video on Should I File First in a Divorce and Custody Case
There are several strategies to consider when filing first. You get to choose when and where the case starts. Prepare and gather important documents. Filing first allows you to set the initial demands for custody and support. You can request temporary orders to protect your assets and children. Being first gives you a psychological edge. You feel more in control and ready.
Does It Matter Who Files for Divorce First?
Filing first can be important in some cases. It allows you to control the initial narrative in court. But, in simple divorces with no kids or assets, it might not matter.
Initial Control. Filing first gives you control over the case. You choose the timing. You choose the jurisdiction. It can help if you and your spouse live in different areas.
Setting the Tone. As the first to file, you set the tone of the divorce. You outline the initial demands. Filing first shapes the case’s direction and influences the court’s view.
Preparing Your Case. Filing first allows you to prepare without surprises. You have time to gather important documents. You can secure legal representation. You can plan with your attorney before notifying your spouse.
Psychological Advantage. Being the first to file can offer a psychological edge. It gives you a sense of control. This can be beneficial during the emotionally taxing divorce process.
Financial Impact. Filing first can affect finances. You pay the initial filing fees. You can request temporary orders for spousal support or child custody early. Stabilize your financial situation.
No Major Legal Advantage. Filing first doesn’t provide a significant legal advantage in Michigan. Courts aim to be fair and impartial. They focus on the equitable distribution of assets. Courts are more concerned with fair custody arrangements. They look into appropriate support orders.
Filing first offers some strategic benefits. But, it doesn’t guarantee a better outcome. Being prepared and having a clear strategy is more important.
How Does Filing First Affect Custody Battles?
Filing first in custody cases helps you present your positive role in the child’s life. You can stop the other parent from making false claims to get temporary custody.
Initial Control. Filing first gives you control over the timing. It helps you choose the jurisdiction of the custody battle. You choose where and when the case begins. It will be helpful if you and your spouse live in different areas.
- Choosing Timing: When you file first, you decide when the custody case begins. It gives you a head start in preparing and planning.
- Selecting Jurisdiction: Filing first allows you to choose the jurisdiction. It’s important if you and your spouse live in different areas, determining which court handles the case.
Setting the Terms. As the first to file, you outline your custody demands in the complaint. You can shape the direction of the case. It can influence the court’s initial perspective.
- Initial Demands: When you file first, you tell the court what you want. You ask for custody, visitation, and support. These requests start the discussion.
- Shaping the Case: Your first filing sets the direction of the case. It shows what you care about most. It may affect how the court thinks about the issues.
- Establishing Priorities: You let the court know what matters most to you. How do you want to share custody and time with your child? It can also be any urgent worries about your child’s safety.
Preparation Advantage. Filing first allows you to prepare thoroughly. You have time to gather evidence. Secure legal representation. Develop a strategy with your attorney before your spouse is notified.
- Extra Time to Gather Information: You get extra time to collect important documents. It refers to financial records, property deeds, and other evidence.
- Planning with Your Lawyer: Filing first allows you to meet with your lawyer early. You can discuss your goals and make a plan. This helps you feel more prepared.
- Fewer Surprises: By filing first, you control the timing. This means fewer surprises from your spouse. You can avoid being caught off guard.
- Setting the Narrative: You get to tell your side of the story first. This helps shape the case from the beginning. The court hears your perspective early on.
Psychological Edge. Being the first to file can provide a psychological advantage. It gives you a sense of control and readiness. This can be beneficial during the emotionally challenging custody battle.
- Sense of Control: Filing first gives you a sense of control. You take the first step, which can make you feel more confident and proactive.
- Less Anxiety: Knowing you have started the process can reduce anxiety. You avoid the stress of waiting for your spouse to file and the uncertainty it brings.
- Feeling Prepared: You have more time to prepare your case. Preparation can boost your confidence and make you feel ready for what comes next.
- Setting the Tone: By filing first, you set the tone of the case. It gives you a feeling of influence over how the process begins and progresses.
Temporary Orders. Filing first allows you to request temporary custody orders early in the process. This can provide stability for your children. It sets a precedent for final custody arrangements.
- Early Requests: When you file first, you can ask for temporary orders right away. These orders deal with who takes care of the kids. It deals with money support and where everyone will live during the divorce.
- Setting Initial Terms: Your first filing tells the court what you want. The court looks at your requests first. This can affect its early decisions.
- Stability During the Process: Temporary orders help keep things stable. They make sure everyone knows their duties and rights while the divorce is happening.
- Influence on Final Decisions: Temporary orders can influence the final decisions. The court might follow these early decisions when making the final orders. This can help you.
No Major Legal Advantage. Filing first doesn’t guarantee a significant legal advantage in Michigan custody battles. The child’s best interests are the main concern of the courts. They consider factors like the child’s relationship with each parent. The needs of the child and the capacity of each parent to provide for them. Here are some reasons why there may be no significant legal advantage:
- Fairness of the Court: The court aims to be fair to both parties. Judges base decisions on facts and laws. They do not consider who filed first.
- Focus on Equitable Distribution: The court focuses on dividing assets fairly. They look at each spouse’s financial situation and contributions. Who filed first does not matter.
- Best Interests of the Children: In custody matters, the court prioritizes the children. They consider the children’s needs. They assess each parent’s ability to meet those needs which changes over time. Who filed first is not a factor.
- Legal Rights: Both spouses have the same legal rights. Filing first does not change this. Each spouse’s rights remain equal during the divorce process.
Filing first does not give a major legal advantage. The court aims for fairness. It focuses on fair asset division. It prioritizes the children’s best interests. It ensures equal legal rights for both spouses.
Can Filing First Help Protect My Assets?
If you think your ex might freeze your assets, filing first can help. You can present the true financial situation to the court. This can prevent unfair asset freezes.
- Early Financial Requests: Filing first lets you ask for temporary orders. It protects your assets. You can request that your spouse does not spend or hide money and property.
- Control Over Timing: By filing first, you control the timing of the divorce process. This can give you time to organize and document your assets.
- Initial Inventory: You can provide an initial inventory of assets to the court. This helps establish what you own and can protect your property from being hidden or misused.
- Legal Strategy: Filing first gives you time to work with your lawyer. You can develop a strategy to protect your assets before your spouse is notified.
Filing first can help protect your assets. It allows you to request temporary orders. Control the timing. Provide an initial inventory and develop a legal strategy.
What Benefits and Drawbacks Are There in Filing for Divorce First?
Pros include controlling the initial narrative and protecting your assets. Cons may include increased stress and the need to gather evidence quickly.
Benefits
Control Over Timing
- You choose when the process starts.
- This gives you time to get ready and gather papers.
Jurisdiction Choice
- You pick where the case will be heard.
- This is important if you and your spouse live in different places.
Setting Initial Terms
- You state your requests first.
- This can influence how the case goes.
Requesting Temporary Orders
- You can ask for temporary custody, support, and asset protection early.
- This can keep things stable during the divorce.
Psychological Advantage
- Filing first can make you feel in control.
- This can lower anxiety and help you feel prepared.
Drawbacks
Filing Fees
- You pay the first filing fee.
- These are extra costs at the start.
Potential for Conflict
- Filing first can increase tensions.
- This might make the divorce more difficult.
No Major Legal Advantage
- Courts try to be fair to both sides.
- Filing first does not mean you will win.
Emotional Toll
- Taking the first step can be hard emotionally.
- You might feel stressed from starting the process.
Filing first for a Michigan divorce has both good and bad sides. It gives you control over timing and place. You get to set the first requests and ask for temporary orders. Filing first can give you more sense of control over the case. But it comes with filing fees. It can increase conflict. Filing first does not give a big legal advantage and can be emotionally hard.
What Happens if My Spouse Files for Divorce First?
If your spouse files first, they will set the initial narrative. You will need to respond to their claims. Present your side of the story.
Receiving a Summons. You will get a summons and a copy of the divorce complaint. These documents tell you that your spouse has filed for divorce. They explain what your spouse wants.
Responding to the Complaint. You need to respond to the divorce complaint. You usually have 21 days to reply if served in person. You have 28 days to reply if served by mail. Your response lets you agree or disagree with your spouse’s requests.
Gathering Information. Start gathering important documents. This includes financial records and property deeds. You will need these for your case.
Hiring a Lawyer. Consider hiring a lawyer to help you. A lawyer can explain your rights and guide you through the process. They can help you respond to the complaint. They can also represent you in court.
Temporary Orders. The court may issue temporary orders. These orders can cover custody, support, and living arrangements during the divorce. Follow these orders while the case is ongoing.
Negotiation and Mediation. You and your spouse may need to negotiate. You may also need to go to mediation. This helps you reach agreements on issues like custody and asset division. The court may need this before going to trial.
Preparing for Court. If you cannot reach an agreement, the case may go to court. Prepare for hearings and possibly a trial. The judge will decide on unresolved issues.
When your spouse files for divorce first, you must respond to the complaint. Gather important documents. Consider hiring a lawyer. Follow temporary orders. You may need to negotiate or go to court.
Should I File First if I’m Worried About False Abuse Claims?
Yes, if you fear your ex might falsely accuse you of abuse to gain custody. Filing first allows you to present the facts and protect your rights. Here is what can happen if you file first:
Proactive Approach. Filing first lets you present your side early. You can explain your concerns and provide evidence. This happens before your spouse makes false claims. Being proactive means
- Taking Initiative Against False Claims: You take the first step. You start the divorce process. You don’t wait for your spouse to act. This shows you are ready to defend yourself.
- Setting the Agenda: You choose when and where the divorce happens. You pick the court. This gives you control.
- Presenting Your Case Early: You tell your story to the court first. The judge hears your side before your spouse makes false claims. This helps set the direction of the case.
- Requesting Protective Orders: You can ask for temporary orders to protect you. These can include no-contact rules. They can also include custody plans. Temporary orders help keep you safe.
- Gathering Evidence: You have more time to collect evidence. This can be documents, witness statements, and other proof. These help you fight false claims.
Being proactive means you start the process. Set the agenda. Tell your story first. Ask for protective orders and gather evidence. This shows you are ready to defend against false abuse claims.
Setting the Narrative. When you file first, you set the initial narrative. This can influence their perspective. Setting the narrative means you tell your side of the story first. You present your version of events to the court before your spouse does. This helps shape how the court views the case. What should be in the narrative?
- Your Story: Tell the court what happened from your perspective. Include key events and details.
- Evidence of False Claims: Provide proof that shows any abuse claims are false. This can be documents, messages, or witness statements.
- Your Concerns: Explain why you believe your spouse might make false claims. Share any past incidents or behaviors that support your concerns.
- Your Requests: Clearly state what you want from the court. This includes custody arrangements, support, and protective orders.
- Support for Your Requests: Provide reasons and evidence to back up your requests. Show why these arrangements are best for you and your children.
Setting the narrative means telling your story first. Include your version of events. Prepare evidence of false claims. Present your concerns. Show your requests and support for your requests. This shapes how the court views your case.
Requesting Temporary Orders. You can ask for temporary orders to protect yourself. These orders can include no-contact provisions. They can also include custody arrangements that safeguard your interests.
Critical Temporary Orders When Filing First
- Custody Arrangements: Ask for temporary custody of your children. This decides who takes care of the kids during the divorce.
- Child Support: Ask for temporary child support. Orders make sure your kids’ needs are met during the process.
- Spousal Support: Ask for temporary spousal support if you need it. Temporary orders help with money until the divorce is final.
- No-Contact Orders: Ask for no-contact orders. That is if you fear false abuse claims or harassment. This stops unwanted communication from your spouse.
- Property and Asset Protection: Ask for temporary orders. Protect your property and assets. This stops your spouse from selling or hiding things during the divorce.
What to Prepare to File First and Make a Motion for Temporary Orders
- Legal Representation: Hire a lawyer to help you. They guide you and make your requests clear and strong.
- Documentation: Collect important papers. It means compiling financial records, property deeds, and proof of income. These support your requests for support and asset protection.
- Evidence: Gather evidence that supports your claims. It can be text messages, emails, photos, or witness statements. These help prove false abuse claims or other important points.
- Custody Plan: Make a proposed custody plan. Say where the kids will live and their visitation schedules. Show how you will meet their needs. It shows the court you have a clear plan.
- Financial Statements: Prepare financial statements. Include details about your income, expenses, and assets. It can help the court understand your financial situation.
- Personal Statement: Write a personal statement explaining your situation. Describe why you need the temporary orders and how they will help. Be honest and clear.
Filing first helps you present your side early. You set the narrative, request protective orders, hire a lawyer, and gather evidence. This proactive approach can help you address and counter false abuse claims.
What Kinds of False Abuse Claims Should You Be Preparing Against?
- Physical Abuse: Be ready to defend against claims of physical harm. It can mean accusations of hitting or slapping.
- Emotional Abuse: Prepare for claims of emotional harm. It includes accusations of threats or mean words.
- Child Abuse: Be prepared for false claims of hurting or neglecting your children. This could mean accusations of physical or emotional abuse against them.
- Financial Abuse: Get ready for claims of financial control. You’ll have accusations of not sharing money or blocking access to money.
- Sexual Abuse: Prepare to defend against claims of unwanted sexual behavior. This might include accusations of sexual assault or harassment.
How to Prepare Against False Abuse Accusations
- Gather Evidence: Collect proof that shows you are innocent. This could include emails, texts, photos, or videos.
- Witness Statements: Ask friends, family, or colleagues to give statements. Their stories can help prove the claims are false.
- Keep Records: Keep records of all interactions with your spouse and children. Write down events and communications in a journal.
- Legal Representation: Hire a lawyer to help you build a strong defense. They can guide you on how to present your evidence and counter false claims.
- Stay Calm: Stay calm and composed. Emotional outbursts can be used against you.
Prepare for false abuse claims by gathering evidence. Collect witness statements. Keep records. Hire a lawyer. Stay calm. This helps you defend yourself effectively. Stakeholders can use the strategies we mentioned in many ways. You get a head start in preparing your case. Early requests for custody and support can provide stability. Temporary orders can protect your assets. Filing first can reduce anxiety. You avoid surprises from your spouse. You feel more prepared and confident.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.
At Goldman & Associates Law Firm there’s always a sympathetic ear ready to listen.
Schedule your complimentary case evaluation with our leading attorneys.
(248) 590-6600 CALL/TEXT if you need legal assistance.