You and your spouse may have come to terms with the fact, a long time ago, that there is no saving your marriage. But only one of you may finally muster up the courage to initiate divorce proceedings. Well, continue reading to learn whether it matters who files for divorce first and how an experienced Bergen County divorce attorney at McNerney & McAuliffe can help you through this first step.
Should I care who files for divorce first?
In the grand scheme of things, it may not necessarily matter whether you or your spouse file for divorce first. This detail does not affect the overall outcome of the case, specifically with spousal support, child support, child custody, and property division. Rather, there are far more relevant factors that the New Jersey family court will observe to make these final determinations.
However, the spouse who petitions for divorce may reap certain, minor advantages throughout the proceedings. For one, the spouse who files first may be able to present their evidence at trial first. This may include being able to call witnesses to the stand first and controlling the order in which they testify. Overall, this may allow the spouse to control the flow of the trial proceedings.
Secondly, the spouse who petitions for divorce may submit these files in the New Jersey county where they lived during their separation from the other spouse. This may be more convenient, in that they do not have to travel far to appear at their scheduled court sessions. Lastly, the spouse who files may better anticipate the timeline of their divorce proceedings. This may have them more adequately prepared to gather evidence and build an overall strategy for their case.
What does the first step of the divorce process look like?
If you choose to file for divorce first, evidently the first step is submitting your Complaint for Divorce with the New Jersey Superior Court in the county you live in. You must provide the necessary information within this complaint, such as your name and address, your spouse’s name and address, the dates on which you were married, the locations where you spent your marriage, and more.
Soon after submitting your Complaint for Divorce with the court, you must serve your spouse a copy of the Summons, Complaint, and Notice of Initial Hearing. Importantly, you cannot physically hand your spouse these papers yourself. Instead, you may have to employ a neutral third party not involved in your case. This may be a competent adult who is not a family member, a county sheriff, an agent of your divorce lawyer, or a court-appointed individual.
Now that you have this background knowledge, your next step should be to employ a skilled Bergen County family lawyer attorney to represent you. So contact us at McNerney & McAuliffe today.
