Filing for a divorce first in the state of Georgia also provides you with a modicum of control over the timeline of proceedings. In Georgia, once you are served with divorce paperwork, you typically have 30 days to file an Answer. Letting your spouse file for divorce first means that you only have those 30 days after service to get together any paperwork needed, as well as any financial documentation and secure legal representation. In this situation, it’s best to be prepared for anything, so it’s better to file first so you have time and space to collect your information before response deadlines begin and proceedings are already underway.
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Does It Matter Who Files For Divorce First In Georgia?
March 17, 2022
If you’re struggling with your marriage and you think that it’s time to file for divorce, you likely have a lot of questions about the process. First and foremost is figuring out the best steps to get the process started.
You might also be wondering if there’s an advantage to filing for divorce first. As a family lawyer, I can tell you that while being the first to file won’t necessarily change the outcome, it can give you a measure of control and allow you to plan strategically. Still, it’s important to note that the person who does not file has the opportunity to respond and file a counterclaim stating their reasons for divorce.
Filing for divorce initiates the process, signaling to the court and your spouse that you’re ready to move forward. Understanding the potential benefits and how they apply to your unique circumstances is crucial, which is why I always recommend seeking personalized legal guidance from a trusted attorney.
Potential Strategic Benefits of Filing First
Filing for divorce first can provide some strategic advantages. One key benefit is the choice of venue. In Georgia, you file in the county where the respondent (the other spouse) lives, and in certain situations, venue may be proper in the county where the filing spouse lives if the other spouse is not a Georgia resident. Because venue rules include specific exceptions and procedural requirements, it’s important to confirm the proper county before filing rather than assuming you have unrestricted choice.
Additionally, the spouse who files first presents their case first in court. This gives you the opportunity to set the narrative and put your position forward right from the start. While these might seem like small details, they can add up, particularly if there are contentious issues at play. And, let’s not overlook that filing first gives you a head start on gathering important documents and lining up resources to support your case effectively.
Let’s take a closer look at some of the benefits of filing first in Georgia.
Control of Timeline
You Get Full Choice of Attorney
When you’re the first party to file for divorce, you not only get the time and space to prepare documents, but you also get the chance to choose your attorney before you file. Filing first can give you more time to research, interview, and retain an attorney you trust before immediate response deadlines apply. Because it’s important to find an attorney you trust, having the opportunity to make that decision deliberately can be key to a successful outcome.
Protection Against Moving Assets
Another important piece to consider when filing for divorce is assets and how they may be moved, divided or changed to impact your situation before or after the divorce is finalized. Filing first does not automatically prevent a spouse from attempting to move or hide assets, but it can matter because many Georgia courts issue standing orders once a divorce is filed that restrict certain financial actions while the case is pending. These orders vary by county, but they often limit unusual transfers, asset sales outside the ordinary course of life, or changes to insurance and financial accounts.
When you’re the one to file first, you are giving yourself the opportunity to bring the court into the situation sooner, which can help preserve the status quo while the divorce proceeds. If asset dissipation is a concern, early legal guidance and careful documentation of financial records can be especially important.
Impact on Child Custody and Support Arrangements
If you have children, filing first can provide a strategic advantage in establishing temporary custody and support arrangements. In Georgia, temporary orders can be requested at the outset of the divorce, covering issues like child custody, visitation schedules, and support payments. Filing first enables you to outline a proposed plan for these matters, which may help the court evaluate temporary arrangements early in the case.
One of the most important aspects of this process is the well-being of your children. Filing early gives you time to put together a child-centered proposal that reflects their needs and daily routines. As a family lawyer, I encourage clients to think about the stability and continuity that children need during this time. If you can propose a balanced arrangement, it may influence the court’s perspective and create a framework that minimizes disruptions for your children, providing a smoother transition for the entire family.
Emotional and Timing Considerations
Filing first for divorce doesn’t just affect the legal proceedings; it also offers control over the emotional and timing aspects. Divorce can be a whirlwind of emotions, and being the one to initiate gives you a chance to manage your emotions carefully. This proactive step can prevent rash decisions that might negatively impact the outcome. It also allows you to control the timing, enabling you to choose when to interview professionals and seek support tailored to your needs. If you have children, filing first can help you plan more effectively for their well-being, reducing the likelihood of emotionally driven counterclaims from your spouse.
This approach gives you time to gather your thoughts, address your emotions, and prepare for what’s ahead. Having a clear sense of timing helps you manage both the emotional challenges and the court’s demands, guiding you towards a more balanced and thoughtful approach to your divorce.
Legal Advice and Representation
Navigating the complexities of filing for divorce first in Georgia requires skilled legal counsel to ensure your rights are fully protected. Working with an experienced divorce attorney, like those here at the Fairell Firm, can make a huge difference, especially if you’re facing a contested divorce or dealing with intricate issues like alimony, marital property, or fault-based grounds. A knowledgeable divorce lawyer can guide you through the divorce process, helping you understand how Georgia’s divorce laws affect your case and outlining potential outcomes.
Having strong representation in your corner allows you to make informed decisions with confidence. Family law lawyers not only handle the legal intricacies but also collaborate with other professionals, such as therapists, to support your emotional well-being. Remember, your attorney’s role is to advocate for your interests at every step, helping you prepare for the complexities that arise during divorce proceedings.
Myths and Misconceptions About Filing First
A common misconception I encounter is that filing first guarantees a favorable outcome. While there are strategic advantages, being the first to file doesn’t automatically mean you’ll win the case. Each divorce is unique, and the court considers many factors beyond who filed first. Another myth is that filing first offers financial gains. While it does allow you to take steps to protect assets and request temporary orders, it doesn’t entitle you to more than your fair share. Ultimately, the value lies in preparation and knowledge—not the filing order.
Learn More From The Fairell Law Firm in Atlanta
Choosing to file for divorce can be a stressful and painful decision to make, but doing it in the right way, and choosing to file before your spouse does can be beneficial to you and your desired outcome in the long run. If you’re getting ready to file for divorce in Georgia, contact The Fairell Firm for representation and help with this process. Learn more about our legal services for divorce and reach out to schedule a consultation today.
