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Pros and Cons of Initiating a Divorce

It’s true that the process of getting a divorce can be difficult. But for some people, deciding whether or not to split up can be just as difficult. After all, you really have to decide if you want to put an end to your marriage. A relationship that you might have spent a lot of time and effort working on. But once you’re set on getting that divorce, what do you do next? Do you file it first? Is there any advantage if you do? Or are you put at a disadvantage?

Pros of Filing First

The biggest advantage you’ll have if you file for a divorce first would be having time to prepare for it. If you do plan on filing first, that means you’ll have to do some research too. You’ll have to know what to do, what you’ll need, and what could possibly happen during the process. You’ll also be given the chance to schedule the dates of your hearings. It may seem overwhelming, so it’s best to be prepared.

Another good thing that comes with initiating your divorce is being the first one to testify before the court. This gives you the chance to tell the court about your situation. You can explain why you’ve decided to get a divorce in the first place.

Cons of Filing First

One possible disadvantage is that it puts a strain on your marriage. If you haven’t had the best marriage and divorce was expected, then this might not be a problem. But for the spouse who wasn’t expecting a divorce, this could be a rather big blow to them. This can cause them to react in unfavorable ways. This can also permanently damage any possibility of any sort of amicable relationship with them afterward.

When you file for a divorce, you will have to include your demands. When this is sent to your spouse, they can work on countering your demands and your entire case. This might put you at a disadvantage because this can give your spouse enough time to find a way to counter any statements or demands you make for the divorce.

While getting a divorce might give some much-needed relief for some people, jumping into it right away might not be the best move for some. Just like how every action has an equal reaction, the repercussions of filing for divorce first may differ for everyone, with some being worse. So, before you do decide to be the first to file for a divorce, it would be good to first take a look at your entire situation to see if it will indeed be a good move to do so. 

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Mr. Hutton is a Divorce and Custody Lawyer based out of Round Rock, TX. His background is with child psychology at Arizona State University where he received a B.S. in 2006, and he continued this by working with the Children’s Right’s Clinic at the University of Texas School of Law where he received his J.D. in 2009. Throughout his practice, he has been a strong proponent of utilizing modern technology to improve his practice and the representation of his clients. He currently is the technology chair of CAFA of Travis County and is committed to improving and modernizing the practice of law in Texas. If you have any questions you can contact him at

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