Are there advantages of filing first for divorce in Houston and other nearby counties? In other words, will you get any benefits from winning the race to the courthouse and filing your divorce petition first?
Yes, there are advantages to be gained by filing first. Most of the advantages yield benefits at the beginning of the case. Sometimes those benefits can affect the final outcome of the case as well.
There can be an advantage for filing your Texas divorce case first. There are a couple of different ways in which it can be advantageous. N0umber one, there’s a time advantage that you can utilize if you are looking to file for temporary orders quickly and you are the first to file.
Timing Advantage in First Filed Divorce
First, there can be a timing advantage if you file first, and if your spouse is unaware of your intentions to file for divorce in Houston, you may have the element of surprise, which is an advantage on your spouse. You can have your spouse served with the petition along with a hearing for temporary orders.
Many times, service of process is completed just a few days prior to the scheduled temporary orders hearing. So, if you are able to preserve your element of surprise, your spouse may have very little time to prepare for the temporary orders hearing when your spouse is served. Contrast that with your comparative high level of preparation if you select the right Houston divorce lawyer.
Psychological Advantage for Filing for Divorce First
There is also a psychological advantage that can come into play when you’re the one that has your stuff together, you are the one who is organized and aggressive, and you file your Houston divorce case first.
When you are the person making the decisions, when you are the one taking the initiative and moving the ball forward, your spouse may be on his or her heels and unprepared. This can be a significant psychological advantage for you for negotiating a settlement and preparing for litigation.
If you have any questions about filing your Houston divorce case, give Erik and Diana Larson a call at 713-221-9088.