Yes, it can matter who files for divorce first. Though Maryland law treats both parties as equal in a divorce, the question is, Does It Matter Who Files For Divorce First? Cites some key strategic advantages. Filing first may provide you with the upper hand in your situation. Here at Patrick Crawford Law, we appreciate the nuances of Maryland divorce laws and seek to guide our clients through these tough decisions.
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In cases where both spouses are amicable, filing first might not significantly alter the process. Maryland’s legal framework for divorce prioritizes fairness and often treats both parties equally in uncontested divorces. However, filing first can still offer psychological and logistical benefits, such as setting the tone for the proceedings.
For instance, Maryland divorce laws emphasize the importance of proper documentation and agreements. The party filing first has the advantage of presenting well-prepared paperwork and initiating discussions, as outlined in the Maryland Courts’ Divorce Forms Guide.
More importantly, in a contested divorce, filing first is very important. A party to a marriage who files can frame the issues and can be one step ahead to take care of their position. For example, in possible controversies like asset division, custody, or alimony, the edge is an upper hand to you for the presentation of the first appearance before the court.
The Maryland Courts emphasize that the sooner a party files, the more likely temporary orders can be obtained to protect your financial and parental interests pending the divorce.
Filing first sets a good legal precedent with regard to what you will state and would want as an outcome. In general, the initial paperwork submitted by the petitioner sets the benchmark in negotiations or court decisions.
Filing first allows you to get properly prepared with your attorney by making sure all the financials, custody, and other legal documents are ready before serving your spouse. This also minimizes the chances of surprises that may be discovered later in the process.
By filing, you have some control over the timing of major events such as court dates and other deadlines. This can be a very effective strategy in cases that require a lot of negotiations or complex property division.
More than simply one-up on your spouse by being the first to file, the court can grant you requests for temporary restraining orders and/or injunctions that may prevent a spouse from dissipating marital assets or taking your children out of state without your permission. According to American Association for Marriage and Family Therapy, proactively handling divorce conflicts will prevent escalations of conflict and protect interests.
In Maryland, the date of filing often determines when obligations of child support or alimony arrears start to accrue. Filing first means any delays, which protect your financial interests, are minimal.
Filing for divorce can be scary, but you do not have to go through it alone. At Patrick Crawford Law, our experienced Annapolis divorce lawyers will professionally and compassionately guide you through the process. Contact us today at (678-960-7648) or visit us at 170 West Street, Annapolis, MD 21401, to schedule a consultation and take control of your future.
Patrick Crawford is an Annapolis Family Lawyer dedicated to helping you through the most complex and emotional family law matters. During his career, Patrick has successfully represented countless people in divorce, child custody, child support, domestic violence, and other family law cases of diverse complexity.
Years of experience: 20+ years.
Maryland Registration Status: Active and authorized to practice law.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page has been approved by attorney Patrick Crawford, a legal professional with over 20 years of experience in family law.