Frequently, people oversimplify marital dynamics and may assume that the person who filed for divorce is the party to blame for the end of the marriage. Therefore, those concerned about how others might perceive them often try to wait out their spouses instead of filing paperwork to initiate divorce proceedings on their own behalf.
While this approach allows one spouse to say that they didn’t give up on the marriage, it puts them at a disadvantage in some regards. There are certain benefits associated with being the party to file the paperwork, including the three below.
1. Access to property and records
Gathering and organizing records is a critical step in the early stages of divorce. Many people must wait for their spouses to provide financial disclosures if they are the responding spouse. People who file have the opportunity to obtain their own copies of critical records.
2. Control over timing
Some people aim to be as punitive or malicious as possible when they file for divorce. They may choose to file the paperwork on a spouse’s birthday or on the couple’s wedding anniversary.
They might also try to be disruptive by filing immediately before one spouse has a major project at work. The spouse who files decides the timeline in many ways, giving them control over when the divorce begins.
3. Time to adequately prepare
Fully preparing for divorce may require finding a counselor, looking for alternate housing and opening a separate checking account, as well as personal credit cards. People responding to a spouse’s filing often scramble to address these immediate needs.
People who choose to file first can prepare in advance. Understanding the benefits of filing the divorce petition can empower people to take control instead of waiting passively.
