Why Filing for Divorce Before Your Spouse Can Be a Game-Changer

Whether weighing the associated emotional struggles or the financial consequences of impending separation, deciding to file for divorce can be a stressful and life-altering decision.
In many cases, particularly in mutual or uncontested divorces—ones that are civil and do not involve the division of many assets or child custody, filing for divorce first may not have a very meaningful impact on the outcome. However, for individuals with even slightly complicated or complex cases, like couples separating who share children, homeowners, business owners, cases lawsuit settlement earnings, and other instances in which both parties may not see the division of assets clearly, filing first has many advantages. In this article, we will explore how a proactive approach of filing first in a divorce can be beneficial.
Gaining Control of the Narrative
When you file for divorce first, you have the chance to set the stage and start the clock of the forthcoming separation; you take control of the narrative. As the petitioner, you can present your side of the story first and shape the court’s initial impression. If you suspect your spouse may try to distort facts surrounding the condition and circumstances of the relationship or paint your character in a negative light, getting a head start on divorce filings can be particularly advantageous.
Making Way for Strategic Planning
Filing first translates as additional time to gather, organize, and examine necessary documentation and evidence to support your case. You can work closely with your attorney to collect financial records, gather evidence of marital misconduct where applicable, and begin to prepare a comprehensive divorce strategy. The extra time allows for careful planning and analysis of the best legal approach to achieve your desired outcomes, whether it’s critical matters like child conservatorship, division of assets, or spousal support. Additionally, by taking the initiative to file, you’re setting the pace for the coming proceedings, which often feels liberating, provides a sense of control, and can reduce uncertainty during what can feel like emotional and trying times.
Working closely with an experienced Victorville family law attorney, you can develop a comprehensive strategy to protect your interests and achieve your desired outcomes.
Financial Considerations: Protecting Your Assets and Finances
The strategic edge you gain by filing first can be particularly beneficial when safeguarding your assets and finances. Initiating the divorce process allows you to proactively protect your financial interests, ensuring a fair division of marital property. Victorville acknowledges all property acquired during the marriage as community property unless you can provide “clear and convincing evidence” to establish it as separate. Below are some crucial factors to keep in mind:
- Freezing joint accounts: Filing for divorce first allows you to request the freezing of joint bank accounts, preventing your spouse from depleting marital funds or incurring additional debt. The court also has the power to implement this measure at its discretion.
- Asset protection: As the petitioner, you can begin to immediately protect assets you deem as valuable, whether they are real estate, investments, vehicles, or business interests. Taking immediate action can prevent your spouse from selling or wasting these coveted assets before settling a fair division.
- Restraining orders: In circumstances where there is a risk of financial misconduct or dissipation of assets as you can request a restraining order to protect marital property from being improperly disposed of or transferred.
- Temporary financial support: Filing for divorce first enables you to seek temporary financial aid such as spousal maintenance or child support. Seeking these actions can ensure you have the necessary resources to maintain your standard of living and meet your children’s needs throughout the divorce process. In a divorce involving minors in a Victorville family court, the child and their needs will be at the forefront of the case.
- Documenting financial information: Initiating the divorce allows you to collect and assemble financial records, including bank statements, tax returns, pay stubs, investment portfolios, and other relevant documents. It can be advantageous to have this information readily accessible as it can strengthen your argument and make dividing assets a more just and equitable operation.
Note: Every divorce case is unique, and financial considerations may vary.
Establishing Temporary Orders: Keeping Life Going During the Divorce Process
A further advantage of filing first in a Victorville divorce case is the ability to get a jump on requesting any temporary yet necessary orders from the court, which may provide stability and address concerns during the divorce process. The following are some of the most common points to consider, although they may vary depending on the unique circumstances surrounding each union and separation:
- Child custody and visitation: Filing first in a divorce allows you to ask for temporary custody and visitation orders to protect your children’s well-being. These orders can set up a routine that keeps things stable and lets both parents spend time with the children.
- Child support: As mentioned above, by initiating the divorce, you can request temporary support, including child support, to help cover the expenses associated with raising your children while the divorce is pending, securing your children’s financial needs are met during the transition.
- Spousal maintenance: If you are financially dependent on your spouse, filing for divorce first allows you to seek temporary spousal maintenance. Temporary support can help you maintain your financial stability during the divorce proceedings.
- The marital home: If you or you and your children wish or need to remain in your family home during a divorce in Victorville, keep in mind that both spouses usually have the right to live in the shared family home until the divorce is finalized. Sometimes, during a divorce, one spouse may reside solely in the house by asking a judge for a temporary injunction. The court may decide to do this if there is a good cause, such as a protective order, a history of domestic violence, or if the spouse is vandalizing or otherwise damaging the property.
- Restraining orders: With instances of domestic violence or harassment, it is highly advisable to file for divorce. You can seek restraining orders to safeguard yourself and your children from potential burdens, damages, and harm.
By designating temporary orders early in the divorce process, you can provide stability and protect your rights and the best interests of your children. These orders provide a framework for critical aspects of your life during the transitional divorce period. It’s crucial to work closely with your attorney to present compelling arguments and evidence to support your requests for temporary orders.
Remember, temporary orders are fleeting and can later be modified as the divorce proceedings unfold. Consulting with a seasoned family law attorney will help you navigate the process and advocate for temporary orders that are fair and in the best interest of everyone involved.
Emotional and Psychological Benefits
It may seem strange to think about it now before you have embarked on the bridge to the next chapter of your life, but being the one to initiate the divorce can benefit your mental and emotional well-being. The petitioner or individual who files for the dissolution of the marriage can gain a sense of control over a situation that holds some uncertainty. You may feel authority and even empowered in making decisions and taking action to begin the healing process. In addition, emotions like anxiety and stress can settle when working closely with a skilled attorney well-versed in Victorville family law. Taking the step to initiate a divorce can be a powerful way to gain closure and start anew. It’s a chance to close the chapter on a challenging situation and lay the foundation for a more promising future.
Making The First Move: Hiring a Family Law Lawyer
Thus, although every divorce case is unique, there are several advantages to filing for divorce before your spouse. To begin designing the appropriate divorce strategy, prepare the details of your case, protect assets, establish temporary orders, and start the course of your comeback, seeking guidance from a practiced and trusted family law attorney is paramount. Ewaniszyk Law Firm is here to assist you in making informed decisions tailored to your specific circumstances and protect your rights.
Empower yourself by taking the reins and initiating the first step. Contact our team to arrange a confidential consultation with a knowledgeable, experienced family law and divorce lawyer.

Mr. Ewaniszyk was first admitted to practice law in 1982 and he lived and raised his family in the High Desert since 1986. He has successfully represented hundreds of clients each year suffering from serious and catastrophic personal injuries, those accused of criminal offenses, people going through divorce and family law matters, and families facing bankruptcy. Mr. Ewaniszyk has tried many cases in both Federal and State Courts during his extensive career and previously served for five years as the City Attorney for the City of Adelanto. Learn more here.