Is There Any Benefit To Filing For Divorce First In Regard To Assets?
The best way you can protect yourself before filing for divorce from your wife is to pay for a consultation with an experienced and effective attorney. It is also worth considering an attorney who concentrates on representing men. An attorney whom concentrates on representing men should have a better ability to present your case in a way that mitigates the bias some judges may have against men. There is still a bias against men, although it is subtle and often subconscious. Whether we want to admit it or not, some judges may incorrectly see women as the weaker sex and want to protect them using the power of Arizona’s laws against you. Times are changing and there is far less bias against men now than there was twenty or thirty years ago, but there is still a general, although unintentional, bias in family court against men.
This has not been proved, but if you sit and watch a dozen divorce and custody trials, you probably will come to this conclusion on your own. An attorney who primarily represents men should have tools and techniques to offset some of the bias that could be facing you in the courtroom. By getting a consultation with an experienced family law attorney, you will know what to expect and what to do to protect yourself. There are many traps for the unwary husband. He needs to be educated and instructed on how to communicate with his wife during this critical pre-divorce period. For example, a tactic some women will use on unsuspecting men is to lure them into a heated argument and then falsely claim that they were abused by the husband.
This could result in him being excluded from the family residence and or from seeing his own children until he proves himself innocent. In criminal court, a person is presumed to be innocent until proven guilty. In family court, many men feel – and often correctly so — that the presumption is reversed, they are presumed guilty until they prove to the judge’s satisfaction that they are innocent. So do not take the bait. If she tries to argue with you, bite your tongue and walk away. Otherwise you could find yourself sitting in a police car or locked out of your own house. With regard to who files first, most attorneys prefer to be representing the party who files first. This is because that party can often set the tone and direction of the divorce litigation. But in some cases it is better to not file first.
Even if your wife catches you by surprise and files first, do not be alarmed. In roughly half the cases an experienced family law attorney is representing the party who did not file first. Any experienced divorce attorney can easily handle representing the non-filing party even though most divorce attorneys would rather be representing the filing party for the reasons stated above. The non-filing party can not only respond to the divorce petition, but that party can also file a cross-petition for affirmative relief that he is seeking from the filing spouse.
For more information on Filing First For Divorce, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (602) 788-1395 today.