Divorce is a significant event that reshapes the future of families, and in Texas, like in many places, the question often arises: does it matter who files for divorce first?
The legal journey of divorce is more than just a destination; it’s a process that begins with filing a petition. The decision of who initiates this legal process can set the tone for what’s to come and potentially influence the outcome.
In this article, we delve into the importance of filing first in a divorce, informed by the Texas Family Code and practical strategies for protecting your interests.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
The First Move: Filing for Divorce in Texas
Filing for divorce is like making the first chess move; it involves strategic consideration and can affect the entire game. When you file first, you may gain certain procedural benefits, like choosing the jurisdiction that may be more favorable to your case if there’s a choice.
You’re also the first to present your case in court, which some argue allows you to set the tone for the proceedings.
Choice of Jurisdiction and Venue
The petitioner has the advantage of choosing the jurisdiction, which can be crucial if one spouse has moved to a different county or state. Texas Family Code Sec. 6.301 outlines the residency requirements for filing, ensuring that the divorce is processed in a court with proper authority over the case.
Financial and Emotional Preparedness
Securing Temporary Orders
The spouse who files first may request temporary orders for child support, custody, or spousal support, as per Texas Family Code Sec. 6.502. These orders can provide stability and financial support during the divorce process.
Psychological Readiness
Taking the initiative to file can also provide a psychological advantage. It allows the filing spouse to prepare emotionally and financially for the upcoming battle, often leading to a more organized and strategic approach to the proceedings.
The Texas Family Code and Filing for Divorce
Grounds for Divorce
According to Texas Family Code Sec. 6.001-6.007, there are both “no-fault” and “fault” grounds for divorce. Filing first on fault grounds, such as adultery or cruelty, can impact the court’s decisions on property division and spousal support.
Statutory Considerations for Property Division
The Texas Family Code Sec. 7.001-7.003 provides for a “just and right” division of property. Filing first can allow the petitioner to prepare the necessary documentation to influence the court’s decision regarding asset and debt division.
Child Custody and Support
Best Interest of the Child
In matters of child custody and support, Texas courts always consider the best interest of the child (Texas Family Code Sec. 153.002). Filing first can allow a parent to assert control over the initial custody arrangements and set a precedent that may be followed throughout the case.
Support and Visitation
Under Texas Family Code Sec. 154.001-154.309, the court may order either or both parents to support a child. By filing first, a parent may be able to address these issues proactively rather than reactively.
Whether you’re considering filing for divorce or have been served with divorce papers, Turner Monahan, PLLC, is here to guide you through every step of the process. We pride ourselves on our integrity and dedication to our clients, and we are committed to fighting for your rights with the full support of Texas law behind us.
Turner-Monahan, PLLC: Get Legal Guidance Today!
In the landscape of family law, the decision of who files for divorce first can have lasting implications.
By choosing Turner Monahan, PLLC, you choose a partner that stands for experience, dependability, and a personalized approach to your family law needs. Contact us to discuss how we can assist you in taking the first step toward a new beginning.
Schedule a free, no-obligation consultation with attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and not to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PPLC, by signing a written retainer agreement.
