Toward the end of a marriage, both spouses may recognize that divorce is likely. They may both blame one another for the decline of the relationship and may want to avoid any actions that could lead to others scrutinizing them.
Frequently, people contemplating divorce may delay filing actual legal paperwork because they want to wait for their spouse to take that step. They can then assert that the decision to file meant their spouse was the one at fault for the end of the marriage. Particularly for those in a high-net-worth marriage facing complex high-asset property division matters, trying to outwait a spouse might be a risky approach.
Filing offers certain advantages
Taking the initiative to file a divorce petition and serve a spouse is a challenging decision to make, but it carries numerous worthwhile benefits. First and foremost, the opportunity to gather documentation is key to a fair divorce outcome.
In a high-asset divorce scenario, there are many ways for one spouse to hide marital assets, divert marital income or undervalue key resources. The spouse preparing to file can begin gathering financial records well in advance, allowing them to have an accurate understanding of household finances and shared resources.
They can then compare the information they collect, such as bank statements and tax returns, with any disclosures made by their spouse early in the divorce process. They can use photographs or video to document the exact contents of the marital home, which can help prevent the removal of high-value physical property with the intention of excluding it from the divorce process.
Additionally, the spouse who files chooses the timing of the legal process. Instead of risking a divorce filing on a date that may have personal significance or at a time that may prove inconvenient due to family or professional obligations, the filing spouse can choose a time that is convenient for them to begin the divorce process. Of course, the final timeline for divorce can vary drastically based on levels of conflict and even the volume of cases waiting for hearings in family court.
As a final note, those who choose to file have an opportunity to select the divorce attorney representing them instead of rushing to hire the first legal professional with an available appointment after getting served. Consulting with an attorney can help spouses begin preparing for a high-asset divorce. An attorney can help spouses understand the law and evaluate their unique marital circumstances to set achievable divorce goals.