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VACANTI SHATTUCK
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To File or To Be Served?

Posted on September 5, 2016 in the Divorce category.

To File or To Be Served?

The time has come, you’ve made the decision: your marriage is over, you have accepted it and are now ready for the next step. Divorce! However, who should file? Should you? Should your spouse? As with most major advancements throughout life there are advantages to making the first move in your divorce journey. These small advantages may be the little extra leverage you need to get through your divorce successfully.

1) Jurisdiction: If you and your spouse are residing in different districts or states, the person who files first may control the Jurisdiction of the case, unless you have children then you must file where your children reside. Since many states and counties have different laws revolving around divorce it is to your advantage to do the research and to pick the Jurisdiction that will be most beneficial to you and your case.

2) Financial Protection: Once a divorce petition has been filed you may be awarded certain financial protections.

3) First Impressions: The person who initiates the divorce process is the same person who presents their case first at the time of trial. This means the Judge will listen to your side of the story and review your evidence first. First impressions are important. It allows you to paint the image of your marriage, your spouse, and yourself to the Judge before anyone else can.

4) Control: As the individual filing for divorce you have the power to withdraw the action at any time.

5) Strength: Last but not least is the emotional and mental strength you gain by taking control and getting yourself out of an unhealthy situation. Taking that first step toward regaining control of a situation that has gotten out of control is a boost to your self esteem and a validation that you are strong enough to get over your losses and move on to better opportunities.