Yes, there can be advantages to filing first when you know that it is time to get divorced. In fact, you should hurry and file for divorce first in three circumstances:

• Where one spouse is in fear, apprehension, and danger from the other spouse
• Where you believe your spouse is considering — or is actively engaged in — hiding marital assets and
• When your spouse is actively wasting/dissipating marital assets (such as spending money lavishly on dinners and vacations)

There are also some circumstances where filing first is the only option. A couple of examples are where one spouse is in prison or one spouse cannot be located.

But, in truth, even in those circumstances, the advantages of filing first will fade as the proceedings go on. Generally, who filed first will not matter when the Maryland divorce court makes its final decisions with respect to property division, alimony, child support, and other matters. If you are thinking about obtaining a Maryland divorce and have questions, call us here at the Law Office of Robert Castro at (301) 870-1200. We are seasoned and skilled family law attorneys with offices in Waldorf, Maryland.

As noted, where one spouse is potentially dangerous, and the divorce is contested, filing first might be the best option (along with ensuring the filing spouse’s physical safety). Filing first is the quickest way to exit the marriage and the dangerous situation.

As also noted, in two other circumstances, there are definite advantages of filing first for a divorce in Maryland. These are when a spouse is hiding or wasting marital assets. In both circumstances, filing for divorce quickly and filing first will allow the aggrieved spouse the opportunity to immediately request intervention from the Maryland divorce court judge assigned to your case. Filing first will also halt any ongoing efforts to hide assets and any ongoing wastage of assets. It will also make it easier to “undo” any recent wastage (or, at least, make it easier to prove the wastage). Typically, if wastage and dissipation of assets are proven, the victim-spouse will “get credit” for the value of the wastage when the divorce court resolves issues of division of property and alimony. Efforts to hide marital assets will also be “punished” by the court.

Aside from these kinds of cases, there can be other advantages of filing first. For example, if the spouses have discussed getting divorced, but one spouse is reluctant and “dragging their feet,” filing first will put an end to the delaying tactics. On the other hand, if the spouses have not discussed getting a divorce but there is an atmosphere of great anger, filing first can be used as a cathartic method of “surprising” the other spouse. Often, this tactic causes anger and pain to the other spouse. But, this can be “good” if the tactic “releases some of the anger” and leads to a less emotionally-charged divorce proceeding. It could, for example, lead to reconciliation efforts — a way to say, “I’m serious; let’s solve the problems.” On the other hand, if the “surprise” tactic is used only to “punish” the other spouse, that could be counterproductive.

Another advantage to filing first is to control the timing. If the date of the dissolution of your divorce matters or there is an urgency, then filing first “starts the clock,” so to speak.

Contact Waldorf, Maryland Family Law and Divorce Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland family law and divorce lawyer at (301) 870-1200. We are Waldorf, MD, Divorce lawyers. Our address is 2670 Crain Highway, Waldorf, MD, 20601.