Divorce — Does it Matter Who Files First?
Posted: March 27, 2013 Filed under: Alimony, Discovery, DIY or Pro Se Litigation, Family law, Grounds for Divorce, prenuptial / premarital agreements, Privacy Issues in Divorce, Property Rights, Uncategorized | Tags: disqualification, dissolution of marriage, divorce lawyer, divorce strategy, filing for divorce, groton lawyer, hiding assets, lawyer shopping, mystic lawyer, plaintiff, stonington lawyer, when to see a lawyer Leave a commentA new article on Forbes.com by Attorney Jeff Landers gives a nice overview of the reasons to gear up early once you sense that divorce may be one outcome of your marital problems.
While Jeff seems to suggest that divorce dirty tricks are the exclusive province of men, in our experience the risks and considerations he outlines in this otherwise informative article apply to both genders.
Landers points out that consulting an attorney early can not only provide you with a crucial checklist for contingency planning, but can also assure that your spouse won’t beat you to the punch by consulting several of the best area lawyers simply to disqualify them from representing you. He also notes that starting the action assures that if the matter goes to trial down the road, you will be the one, as the plaintiff, to present your case first.
Our clients in Connecticut should also know that by filing for divorce certain Automatic Orders take effect the moment the divorce papers are served on their spouse. These orders prevent the other party from doing a number of things including moving out-of-state with children, hiding assets, taking sole ownership of joint assets, changing locks on the marital residence, changing beneficiaries on existing insurance policies and more. The full text and a summary of the Automatic Orders can be found here on the Connecticut Judicial Website.
Bottom line? While you’re hoping for the best and working on your marriage it also makes sense to prepare well for the worst