Does Who Files First Matter in a New York Divorce?

Going through a divorce can be a stressful time, and you might have many questions. One common concern is whether filing for divorce first gives you an advantage. In New York, the answer is generally no.

Here's a breakdown of what to know:

• New York is a "no-fault" divorce state. This means you don't need to prove your spouse did something wrong to get a divorce.
• Who files first is called the petitioner, and the other spouse is the respondent. This is just a formality.
• The court treats both parties fairly. The judge will consider factors like marital assets, child custody (if applicable), and spousal support, regardless of who filed first.

However, there can be a few practical advantages to filing first:

• More Time to Prepare: Filing first allows you time to gather financial documents and figure out what you want regarding child custody or property division.
• Controlling the Narrative: In some cases, you might want to present your side of the story first in court.

Remember, these are just potential benefits. The most important thing is to focus on what's best for you and your family during this difficult time.

Here's what to do next:

• Consult with an experienced divorce attorney. They can advise you on the specific details of your situation and help you navigate the divorce process.
• Work towards a fair and amicable resolution. While emotions might be high, a smoother divorce is generally better for everyone involved, especially children.

Robert G. Frank, Esq. is a dedicated New York divorce attorney. We understand the complexities of divorce and can help you through every step of the process. Contact us today to schedule a consultation.

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with a qualified attorney to discuss your specific situation.

Here's some additional information to answer your questions:

Is it better to be the one who filed for divorce?

There isn't a simple answer. While filing first can offer some practical advantages like more time to prepare, it doesn't guarantee a better outcome. Here's a breakdown:

• Pros: More control over the timing and potentially the narrative in court.
• Cons: Added pressure to get organized quickly, and the other spouse might feel blindsided.

The most important thing is to prioritize what's best for you and your family. Consulting with an attorney can help you decide if filing first is the right move in your situation.

What is a wife entitled to in a divorce in New York?

New York is an equitable distribution state. This means assets and debts acquired during the marriage are divided fairly, not necessarily equally. A wife (or husband) isn't automatically entitled to anything specific. The judge will consider factors like:

• Length of the marriage
• Income of each spouse
• Contributions made by each spouse (financial and non-financial)
• Needs of each spouse and any children

What is the first step for divorce NY?

The first legal step typically involves filing a divorce petition with the court. This document outlines the grounds for divorce and your initial requests regarding property division, child custody (if applicable), and spousal support. An attorney can guide you through this process.

Can you get a divorce without the other person signing in New York?

Yes, it is possible to get a divorce even if your spouse doesn't agree or participate. This is called a default judgment. However, the process generally takes longer and can be more complicated. An attorney can advise you on the best course of action depending on your situation.

Why Does It Metter Who Files For Divorce First?

In New York, which is a no-fault divorce state, filing first doesn't guarantee a major advantage in the outcome of your divorce. Here's why:

• No-fault divorce: You don't need to prove your spouse did something wrong to get a divorce in New York.
• Focuses on fairness: The court prioritizes a fair division of assets and debts, child custody (if applicable), and spousal support regardless of who filed first.

However, there can be a few potential benefits to filing first:

• More Time to Prepare: Filing first allows you to gather financial documents and figure out what you want regarding child custody or property division. This head start can be helpful when negotiating a settlement.
• Controlling the Narrative (sometimes): In some cases, you might want to present your side of the story first in court. This can be a strategic advantage if there are specific details you want the judge to consider.

Here's the key takeaway: While filing first might offer some practical advantages, it's not a game-changer. The most important thing is to focus on what's best for you and your family during this difficult time. An experienced divorce attorney can help you decide if filing first is the right move in your situation.

Remember: This information is for general understanding only. It's always best to consult with a qualified New York divorce attorney to discuss the specifics of your situation.

AREAS OF PRACTICE

Annulments, Child Support, Contested Divorces, Custody And Visitation, Divorce and matrimonial lawSpousal, Support and Maintenance Annulments, Equitable Distribution of Marital Assets, Separation Agreement.

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