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Things to Think About Before Choosing Should I File for Divorce First

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Things to Think About Before Choosing Should I File for Divorce First

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  1. THINGS TO THINK ABOUT BEFORE CHOOSING SHOULD I FILE FOR DIVORCE FIRST? Let’s be honest: Splitting up is not easy. However, if you’ve decided to annul your marriage in Nevada—a state known for starting over—you may be wondering: Should I file for the divorce first? WWW.GASTELUMATTORNEYS.COM

  2. CONTROLLING THE NARRATIVE By filling out the preliminary paperwork, you can dictate the questions that the court will evaluate. This can be a calculated power play, specifically during a contested divorce. Maybe you feel you deserve a greater share of the marital property since you deposited a major deposit before getting married. By filing first, you can lay out this matter in detail right away which could potentially shape how the case develops. WWW.GASTELUMATTORNEYS.COM

  3. STRATEGIC TIMING Filing first allows you to start collecting critical financial documents like bank statements, tax returns, and asset records before your spouse files. This head start can be a powerful tool during negotiations. Let’s assume you think your significant other might be hoarding assets. You have a solid legal reason to ask for financial disclosure at the inception of the process if you file for divorce first. Your negotiation position can be strengthened if you happen to be able to find hidden accounts or investments because of this early access to financial details. WWW.GASTELUMATTORNEYS.COM

  4. THE ELEMENT OF SURPRISE The state of Nevada is a community property state. This signals that every asset and debt amassed during the course of the marriage are usually split evenly. Therefore, Nevada law is going to govern what is considered part of your marital property (separate vs. communal) whichever way where you file (provided you fulfil the residence criteria). As such, in your case, filing first would not have much of an impact on how assets from marriage will be split in a Nevada divorce. WWW.GASTELUMATTORNEYS.COM

  5. CHOOSING YOUR JURISDICTION Unlike many states, Nevada does not call for residency in order to lodge a request for divorce. Therefore, as long as one partner has lived in the state for at least six weeks prior to filing, both partners can initiate the filing process. On the flip side, you are going to be able to select the county court where the divorce will be filed if you opt to file first. This can be an invaluable strategy, especially if you have worries about the views or geographic location of a specific Nevada judge. WWW.GASTELUMATTORNEYS.COM

  6. PREPARATION By filing first, you give yourself a window to sort your affairs before your partner is even aware that something will transpire. Getting a head start on the process of getting critical papers like tax returns, account statements, and financial records is key. You can also begin gathering proof that will support your case if child custody is at jeopardy. This paper work could ultimately come in extremely handy in legal cases and negotiations. WWW.GASTELUMATTORNEYS.COM

  7. PREVENTING HIDDEN ASSETS It’s an established fact that divorce can reveal undesirable aspects of some people. Your partner can try to cover up wealth as a way to prevent a just split. Filing first allows you to request financial disclosures early on, potentially unearthing hidden accounts or investments before they have a chance to disappear. WWW.GASTELUMATTORNEYS.COM

  8. GETTING THE LAST WORD • DOES IT MATTER WHO FILES FOR DIVORCE FIRST? WELL, FILING FIRST GRANTS YOU THE “LAST WORD” DURING THE DIVORCE PROCEEDINGS. THIS STATES THAT BEFORE THE JUDGE REACHES A FINAL RULING, YOU HAVE THE CHANCE TO PLEAD YOUR CASE AND COUNTER YOUR SPOUSE’S STATEMENTS. WITH RESPECT TO THE EXTENT OF YOUR ARGUMENTS, GETTING THE LAST WORD CAN BE GOOD FOR YOU. MAKE SURE YOUR LAST REMARKS PROPERLY ADDRESS WHAT IS WRONG AT HAND AND ARE SUCCINCT AND PERSUASIVE. WWW.GASTELUMATTORNEYS.COM

  9. CONTACT US Email Address info@gastelumattorneys.com Website • www.gastelumattorneys.com Phone Number +702-979-1455 Mailing Address 1210 S Valley View Blvd Ste 208 Las Vegas NV 89102

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