files for divorce first

Who Files for Divorce First in Georgia: Does It Matter?

It’s common to want to break up a failing relationship as quickly as possible. Some couples should not rush to file for divorce, especially because there are many other effective alternatives to settle their differences, such counselling or mediation. However, there are certain benefits to filing for divorce if your marriage is hopelessly destroyed. This article aims to clarify whether it matters who files for divorce first in Georgia.

Benefits When One Files For Divorce First

To start, if one side files the divorce petition first, they can take their time and thoroughly prepare for the following:

  • To continue to satisfy their needs while the divorce is pending, apply for a bank account and credit card that neither party may use.
  • Hire a knowledgeable divorce attorney who has been thoroughly verified.
  • Assemble and make ready financial documents and pertinent papers, such as life insurance policies, wills, bank and investment account statements, and deeds or property titles

On the other hand, if you are the one who received the divorce petition, you must reply within 30 days to prevent defaulting. To ensure that your rights and interests are safeguarded, you must act immediately.

Choosing Grounds when one Files for Divorce First

In Georgia, a petitioner may seek for divorce without blaming either spouse for the relationship. Choosing the reasons for divorce provides you an emotional and practical edge throughout the procedure, even though a no-fault divorce is permitted in the state. The petitioner’s attorney will be able to submit evidence first and place the opposing party on the defensive if they file first and choose the grounds that pertain to a specific case. In Georgia, a petitioner may seek for divorce without blaming either spouse for the relationship. Choosing the reasons for divorce provides you an emotional and practical edge throughout the procedure, even though a no-fault divorce is permitted in the state. The petitioner’s attorney will be able to submit evidence first and place the opposing party on the defensive if they file first and choose the grounds that pertain to a specific case.

Safeguarding Interests

Both spouses are prohibited by law from transferring assets or withdrawing money from bank accounts once a divorce lawsuit has been filed. Waiting too long to start the divorce procedure effectively gives the other spouse time to conceal marital assets. By requesting a divorce, the petitioner stops their spouse from emptying bank accounts or moving assets out of the former’s control.

Additionally, the petitioner may ask the court to approve a standing order. A standing order prohibits both spouses from changing bank accounts, renaming beneficiaries on retirement or life insurance plans, borrowing against or disposing of communal property, and other similar acts when it is granted.

Things to remember

You can save time and money by seeing an attorney before submitting your divorce petition. You can better grasp your legal alternatives and defend your best interests by working with a knowledgeable and experienced Georgia divorce attorney. You may determine whether or not it is more advantageous for you to file the petition first with the assistance of such a knowledgeable attorney during these tough times.