My name is Jessica Woll and I have been practicing divorce and family law for close to two decades. The job has taught me a great deal about human beings going through what is often one of the worst experiences in their lives. In my Blog I will share my client’s stories, while maintaining their right to privacy. I will offer advice, tips and insights based upon these stories. I hope that you find the information beneficial.
In this months blog, I will briefly discuss the issue of whether you should file your divorce action first.
Most people who call me about filing for divorce ask me if they need to file for divorce before their spouse files. Since every person’s situation is different, the answer depends upon your specific facts and circumstances.
I generally tell a person to file for divorce first in the following situations:
WHEN TO FILE:
WHEN NOT TO FILE:
A NOTE ABOUT FILING:
If you live in a county in which the court pleadings are online, be aware of the fact that your spouse may find out about the divorce mere days after the filing. Since the filing is a matter of public record, there are attorneys who will obtain your spouse’s name and address in order to allegedly send your spouse information about the divorce process. In reality this is a disgusting way that some attorneys attempt to attract clients. Many attorneys, including myself, find this practice unethical. This practice is currently under investigation. Therefore, if you decide to file for a divorce, please ask your attorney if you live in a county where this behavior is allowed. If you live someplace where your spouse may find out by this method, make sure you arrange to tell your spouse about the divorce before they can learn about it from a stranger in the mail who happens to practice law.
Best regards, Jessica Woll