WHY FILE FIRST ?
You can gain a tactical advantage by setting the tone of the divorce. Is it going to be amicable ? Are you seeking spousal support ? Are you planning to have the minor children more than 50 percent of the time ? Do you suspect that your spouse may be hiding or spending marital assets ? Do you want to stay in the marital home ? Has your spouse threatened to call the police , claiming domestic violence ? Is one county more favorable to your case, and you have the ability to move ?
When you file first you have a chance to seek Ex Parte Orders . These orders may signed by the judge to protect the current situation regarding your family and keep everyone acting above board. It protects the marital estate form being dissipated. Another order may prevent one parent from removing the minor children from the state. These orders are signed before your spouse is notified.
These orders remain in place throughout your divorce case unless they are objected to by your spouse.
These are issues that may impact the decision on filing for divorce which should be discussed with your experienced Michigan family law attorney as to why you should file first.
Michele Kelly is a senior partner at Kelly & Kelly, P.C. with 26 years of experience in the area of family and criminal law. Mrs .Kelly has a certification in Family Law from ICLE and has served on the faculty of ICLE.
A longstanding member of the Northville Community Mrs. Kelly lives and works in Northville along with her husband John Kelly and 4 grown children. The firm handles family law cases in Wayne, Oakland, Washtenaw , Livingston in addition to other jurisdictions in Michigan.