If your marriage has been on the rocks for a while, then you may sense that your relationship is existing on borrowed time. Perhaps in your head you are considering ending it, but just haven’t found the courage yet.

If this is where your marriage stands at the moment, then you might be wondering if you will be better off being the one to file for divorce. And, that is a good question – would you be better off filing for divorce first?

The answer to this is a little complicated. While it is silly to race your partner to a file a petition for divorce out of spite, there are some important reasons that support filing first for divorce. To find out more, have a read of this.


1. You can organize your divorce team in advance

Getting a reliable team of experts together to support you through your divorce may take some time. By filing for divorce first, you should have sufficient time to get organized with this and get the best team possible.

You will need a lawyer or attorney and also, if the financial side of the divorce is complex, then you may also need a financial analyst.

2. You can get all the documents you will need together

To get a fair divorce settlement, it is crucial that you have copies of any important financial or legal documents. You will also need copies of things like bank statements, tax returns, insurance policies, wills, property records, etc.

Finding all the documents, you will need, can take a while, particularly if your partner is secretive with important documents and finances. By filing for divorce first, you can get all your paperwork in order and ready to use, before the divorce papers have been served.

3. You will have time to save

As soon as you file for divorce, or sooner if possible, you should start saving to cover the divorce expenses. Make sure that you have set aside enough money to hire a good divorce team – it might seem expensive, but it is an important investment.

4. You will have time to find hidden assets

Many people attempt to hide their financial assets during a divorce so that they do not have to pay out as much to their partner. Although it is sad to think about, your spouse may try to hide money once they know there is a divorce.

By filing for divorce first, you may be able to stop your partner hiding their assets. Especially, if you already have copies of bank statements, etc.

5. You can prepare yourself

By making the decision to file first for divorce, you will not be taken by surprise when you partner suddenly drops the bombshell that they have filed for divorce.

By filing for divorce first, you will have the time to prepare yourself for what is coming and what the divorce process will entail. If you have children, it will also give you the chance to prepare them for what is about to happen.