Purely from a legal standpoint, it makes no difference which spouse files for divorce first; New York State family law makes sure of it. Even though the spouses are labeled as either the “plaintiff” or “defendant,” it does not necessarily imply that the former is blaming the latter for wrongdoing, like it would in a standard civil case type. However, on a personal level, you may prefer being the petitioner. To learn why, please continue reading and find out how an experienced Nassau County divorce lawyer at the Law Offices of Jay D. Raxenberg P.C. can help you in whichever role you end up stepping into.
When should I care about filing for divorce first?
Sometimes, there may be specific procedural advantages when filing for divorce first. For one, if you and your spouse live in different New York State counties, you may file your Complaint for Divorce with your county clerk’s office.
Of course, the office where you file does not change the divorce laws that will apply to your pending court proceedings, as they are standard throughout the state. However, this may still be preferential to you for convenience purposes.
For one, with having to attend contested trial proceedings being stressful enough, you may lessen the burden by having a relatively easier commute to the courthouse. Plus, you may get word that your county’s court has a reputation for less congestion and scheduling delays.
Even still, your spouse may petition to change the venue of your divorce case. Here, they may argue that the current venue is unnecessarily unfair to them (i.e., inconvenient commute) or it is otherwise an ineligible county (i.e., you have yet to satisfy the residency requirements here).
What happens if my spouse and I try to file at the same time?
Ever since you discussed getting a divorce from one another, you and your spouse may not speak regularly. With this, it may be more common than you realize that spouses try to file divorce paperwork simultaneously.
To resolve this, the court may look at which action was properly filed, and also legally served to the defendant, first. If the actions were filed in separate courts, a judge may decide based on which one obtained jurisdiction first, which one is more appropriate, and other factors.
With that said, it may be helpful for you and your spouse to put your differences aside for a second to coordinate this legal filing. This is because it is unfair to waste legal and judicial resources, or otherwise create inconsistent rulings that further delay or complicate your case.
There is no shame in asking for help, especially when you are dealing with something as serious as a legal matter that could affect your physical, emotional, and financial well-being. So please retain legal assistance from a talented Long Island family lawyer from the Law Offices of Jay D. Raxenberg P.C. We will happily lend a hand.
