5 Ways Filing For Divorce First Can Help You in Oklahoma City

In Oklahoma City, the person who files for the divorce first is legally referred to as the petitioner, whereas the spouse in question will be known as the respondent. Whichever partner files for the divorce is the one charged with paying the filing fee.

We asked our divorce attorneys at Reneau law if there were any advantages of filing the divorce yourself and not waiting for your partner, and you would be surprised at what they had to say.

Reasons You Should Be the First One to File For Divorce - As Explained by the Best Divorce Lawyers in OKC

Reason #1- First to Go for Trial

As anyone who has dabbled in family law would tell you, the majority of divorce cases get settled without a trial, but our discussion pertains to the ones that do need court intervention. The party that originally filed the divorce, aka the petitioner, is the one that gets to present to present their case to the court first. Under a lot of circumstances, the first one to go to trial is granted certain advantages. First impressions are more important than you think, and the court is no different.

Reason #2- Obtain Automatic Temporary Injunctive Relief

Once the petition for the divorce is filed, Oklahoma state law imposes mandatory injunctions on both parties. The petitioner is the one who gets to determine when the Automatic Temporary Injunctions (ATIN) go into effect. The ATIN is brought into effect to prevent the tussling spouses from hurting the marital estate, divesting the other’s property, and causing harm to the children.

Reason #3- Speedy and Hassle-free Trial

The state of Oklahoma settles uncontested divorces in record time - as little as 10 days, as long as no minor children are involved. In case you have kids (below 18) with your soon-to-be ex-spouse, a judge sets a period of at least 90 days to pass before the divorce can be finalized. This clock cannot start ticking until you have filed a petition for the divorce.

Reason #4- Legally Capable of Dismissal

In an interesting turn of even, if you and your spouse reconcile before they can file a counterclaim, only the petitioner has the legal right to dismiss the case. It may be bizarre, but a lot of divorces in Oklahoma are dismissed because the parties realize they are willing to attempt reconciliation.

Reason #5- Be at a Strategic Advantage

The final but perhaps most sensible reason to be the one to file for a divorce is because of the strategic advantages it offers. A lot of divorce attorneys are of the opinion that the petitioner stands at a higher ground and harbors an initial advantage. Your trial is going to set the tone for the entire proceeding. With the help of the best divorce lawyers, you can exploit the advantage to play out in your favor.

**Disclaimer: The above article does not imply a relationship between attorney and client, nor does it aim to provide any legal advice.