Does It Matter Who Files for Divorce First in Minneapolis, Minnesota?

Michael Fink • September 28, 2023

Divorce is a challenging and emotional decision. It can be especially stressful when you are unsure how to proceed or what to expect. One of the common questions we get at Michael Fink Law, PA, is whether it matters who files for divorce first in Minneapolis, Minnesota. The answer is, it depends. In this blog, we will be discussing the reasons why it may matter who files for divorce first, as well as how an attorney can help you.

Deciding the jurisdiction

One of the essential reasons why it may matter who files the divorce petition first is establishing jurisdiction. Typically, you file for divorce in the state and county where you reside. However, in some cases, you or your spouse may have recently moved or own property in another state. Filing first allows you to choose the jurisdiction that is more favorable to you. Some states have different laws regarding property division, alimony, child support, and custody. Therefore, it is critical to speak with an attorney to determine the best place to file and protect your rights.

Gaining the financial upper hand

Another reason why it may matter who files for divorce first is financial. Filing for divorce first can help you separate your assets, bank accounts, and credit cards, potentially giving you the upper hand in the case. Additionally, if you are concerned about spousal support or child support payments, filing first can allow you to prepare your finances for the future.

Protecting your children

If you are seeking custody of your children, filing first can be beneficial as the courts often favor the parent who is already caring for the children. By filing first, you can request immediate temporary custody of your children, establish a parenting plan, and limit the amount of time your children spend with your spouse.

What happens if your spouse filed first?

If your spouse filed for divorce first, it does not necessarily mean that they have the upper hand in the case. However, it does mean that they have control over the process initially. They will have the advantage of declaring the grounds for divorce, jurisdiction, and possibly setting the tone for the case. But, it is still possible to protect your rights, finances, and children by enlisting the help of a family law attorney.

How can an attorney help me?

If you are uncertain how to proceed with your divorce case, an experienced attorney can help you. They will guide you through the process, explain your legal rights, analyze your financial situation, help you prepare your case, and represent your interests in court. An attorney can help you gather evidence, negotiate with your spouse's attorney, and advocate for your position in court.

Divorce is a complex and often emotional process that can be overwhelming. Deciding who files for divorce first in Minneapolis, Minnesota, may matter for various reasons, such as establishing jurisdiction, gaining the financial upper hand, and protecting your children. If you or your spouse have filed for divorce, it is essential to consult a family law attorney to protect your legal rights and interests. At Michael Fink Law, PA, we have experience in handling complex divorce and family law matters. We are dedicated to protecting your interests and helping you achieve a favorable outcome. Contact us today to schedule a consultation.

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