Springer-Lyle News Updates

latest legal news from the law firm of Springer-Lyle

1807 Westminster
Denton, TX 76205

940.387.0404

  • Home
  • About Us
    • Firm Overview
    • Attorney Profiles
  • Areas of Practice
  • Articles and Cases
  • What’s In the News
  • Resources
  • Videos
    • Who is Springer-Lyle?
    • FAQ Videos
      • FAQs on Business Litigation
      • FAQs on Healthcare, Medical & Pharmaceutical Cases
      • FAQs on Personal Injury, Automobile & Trucking Accidents
      • FAQs on Alternative Dispute Resolution
      • FAQs on Probate Cases
  • Contact Us
You are here: Home / Blog Articles / Featured / Does It Matter Who Files for Divorce First?

Does It Matter Who Files for Divorce First?

October 18, 2021 By Staff - s.r. Leave a Comment

Some couples, after they know they want a divorce, race each other to the courthouse to be the first to file the divorce petition. For a traditional divorce, there are advantages to filing before your spouse. If you are working together in the collaborative divorce process, it generally will not make any difference.

The Traditional Divorce Process: Benefits to Filing First

If your spouse lives in the same state you do and in the same county, it will not make much difference in which of you files first. If your spouse lives in a different county or state, there are quite a few reasons why you should try to file first.

When You Both Live in Texas

File for divorce

When you both live in the same county. Even if you live in the same county, the one who files first may have the advantage of setting deadline dates for discovery and court hearings. Even then, the dates can be changed upon request by your spouse.

When you and your spouse live in different counties. Generally, court hearings are held in the county where the petition is filed. If you file first, and your spouse lives in a different county, your spouse is the one who will have to travel to court hearings.

Advantages of Filing First When Your Spouse Lives in a Different State

The law of the state where the petition is filed is controlling. If your spouse files first and does not live in Texas, you will be subject to the law of the state where the petition was filed. This can make a difference in property division and even in child custody.

  • Property division. Texas is a community property state, which means all the property you accumulated together during your marriage belongs equally to you both and should be divided accordingly. If your spouse files first in a state that is an equitable division state, you may not receive half of the property, but the court has the option of dividing property in a manner it deems equitable—which does not mean equal.
  • Child custody. In Texas, the court will consider the custody preference of a child over the age of 12. In other states, the age may be older and give discretion to the court to hear children who are younger. This can be significant.
  • Spousal maintenance. Laws concerning spousal maintenance vary with jurisdiction. This can make a difference in who files first when you live in a different state than your spouse.

Attorney Daniel Abasolo at Springer & Lyle can help you answer questions regarding divorce. He can help you make decisions that are best for your family. Contact us at 940-387-0404 to schedule your divorce consultation with Mr. Abasolo.

Filed Under: Featured Tagged With: Divorce

Leave a Reply Cancel reply

You must be logged in to post a comment.

Subscribe by email

Have the latest news from Springer-Lyle
sent to your inbox.

Articles of Interest

Top Five Things To Look For When Hiring A Personal Injury Attorney

Many lawyers hold themselves out as personal injury attorneys, but what are the top 5 things to look for in hiring a personal injury lawyer?  You’ll find all of those qualities here … [Read More…]

Will Not Wearing A Seat Belt Affect My Personal Injury Claim?

Wearing a seat belt can save your life, but can it also save your personal injury case?  If you’re hurt in a car accident that’s not your fault, you would like to be compensated for your … [Read More…]

Why are Truck Accidents on the Rise in Texas?

According to a report by the American Trucking Association (ATA) released in October 2017, there is a serious shortage of truck drivers nationwide. ATA estimated the shortage would be 50,000 by the … [Read More…]

Drowsy Driving Accidents

According to the National Highway Traffic Safety Administration in 2015, over 100,000 motor vehicle crashes are directly attributable to driver fatigue every year. Those are only the drowsy driving … [Read More…]

Springer & Lyle, LLP

1807 Westminster
Denton, TX 76205

phone: 940.387.0404
toll-free: 855.387.0404
fax: 940.383.7656

Disclaimer
The contents of this website does not imply legal advise or counsel and does not establish an attorney/client relationship. Please contact us for information on our policies regarding any relationship with clients, potential clients, or non-clients of our firm.

  • Facebook
  • RSS
  • Twitter
  • YouTube

 

 

make a Pament via LawPay

Return To Top of Page

Copyright © 2023 Springer & Lyle, L.L.P. • • • All Rights Reserved

Website Design by The Crouch Group

Log in