On Thursday March 10, I had the opportunity to present a brief overview of the divorce process in Connecticut and field questions from employees at Yale New Haven Hospital.
An attendee asked the question of whether filing the divorce first made a difference.
Does it matter who files the divorce first? Some people believe that they gain an advantage by being the first to file. They mistakenly believe that the judge will conclude that their spouse is a lousy SOB leaving the poor plaintiff with no alternative but to file divorce to save themselves. This is incorrect. One’s status as a plaintiff or a defendant is of no significance to a judge. The judge does not conclude anything regarding the merits of the case simply because you filed first.
However, there may be four tactical reasons to file first:
1) Venue. Depending on where you live you may a choice between two courts in which you may file your divorce. This may be important in terms of convenence to the spouse or their attorney. In addition, the attorney may be familiar with how courts have ruled on certain issues and therefore you could file in the court most likely to provide a favorable judgment.
2) Automatic orders. Once a divorce case is initiated, certain orders automatically go into effect including orders relating to finances. If divorce is inevitable, it often makes sense to allow the automatic orders to take effect sooner rather than later thereby reducing the time that your spouse has to transfer assets or incur unreasonable debt.
3) Psychological aspects. As the Plaintiff, you demonstrate to your spouse that the marriage is “irretrievably broken” and that you have the strength and resources to file a divorce. This is especially important in cases where the Plaintiff has been under the spouse’s control or has been the victim of abuse.
4) Trial purposes. In a contested case, the Plaintiff presents their evidence first. This allows the Plaintiff the opportunity to explain the circumstances to the judge first and to address arguments that will likely be made by your spouse before they even have a chance. If this is done effectively, your spouse will have a harder time presenting their case. In addition, many cases settle during the course of trial. If the presentation of your case as the Plaintiff is strong your leverage for settlement increases.
Thanks to those in attendance on Thursday. I enjoyed meeting all of you.