Does it make a difference who files first in a Georgia divorce? Let’s uncover the truth of this complex issue.
You might wonder if the person who files for divorce first gains an edge in the proceedings. The answer is not as straightforward as you might think. In Georgia, filing first doesn’t automatically provide major advantages. Our courts focus on fair outcomes for everyone, especially when children are involved.
Yet, the person who files first can see some minor benefits. Let’s discuss these.
Choosing the Time As the one filing, you control when the divorce process begins. This means you can take the time to prepare, both emotionally and financially. You can gather important documents, seek legal advice, and make arrangements for living and childcare.
Picking the Location If spouses live in different counties, the one who files first may get to pick the jurisdiction or county where the case is heard. This means you choose where the case is heard, which could be more convenient for you.
Setting the Stage in Court Generally, in Georgia, the person who files first presents their case first. This gives your lawyer a chance to outline the case, potentially setting a favorable tone.
Avoiding Stalling If your spouse hesitates to file, you filing first can get the ball rolling, helping you move on sooner.
However, these benefits are mainly about the logistics and process, not legal advantages. Georgia’s laws strive for a fair division of assets and responsibilities in divorce, regardless of who initiates the process.
It’s worth noting that being the one who responds to a divorce filing, the Respondent, can also have perks. It provides you more time to react to the claims made in the divorce petition and prepare your defense.
In a nutshell, while being the first to file in a Georgia divorce might offer some small perks, these should not be the sole basis of your decision. The key to a fair outcome is solid legal advice, a well-prepared case, and readiness for all possible outcomes. Always consult a reliable Georgia family law attorney to understand the best path for your unique situation.
Keep an eye on our blog for more insights into Georgia’s family law. Share your thoughts in the comment section, we’d love to hear from you.
Remember, this article is meant for informational purposes and is not legal advice. Contact us for more information.
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