The First Move: Does Filing for Divorce First Matter in Arizona?

Does filing for divorce first matter in Arizona? Here’s what you need to know:

Once you have made up your mind about divorcing, the question of who should file first is bound to come up. What many people fail to realize is that this one strategic move may have lasting implications.

Filing first can give you the upper hand in choosing the jurisdiction, especially if you and your spouse live in different areas. It also allows you to set the initial terms, which might include requests for temporary child custody case or spousal support.  

In this post, we will discuss the pros and cons of being the first to submit divorce papers and how it sets the tone for the whole legal process.

Potential psychological advantage

When you are the one to start proceedings, it may allow you to feel empowered and less anxious about what comes next. You are not waiting for your spouse to make the first move; you are taking control of the situation.

Being the first to file also means you have time to prepare. You have probably talked to a lawyer, gathered important documents, and thought about what you want out of the divorce. So, you are not caught off guard.

Choosing the right timing

Courts can get busy, and if you file at a less crowded time, your case might move faster. But the time you choose to file does not necessarily affect how your money and property get split.

Maybe you are expecting a bonus at work soon; depending on when you file, that bonus might be considered joint property or your own money.

Legal implications

Filing first will not give you a “better deal” in court. That said, if you and your spouse live in different cities or states, being the first lets you pick where the divorce case will happen. This could be a good thing for you. If you live someplace where the laws are better for parents or dividing property, filing first means the divorce will happen under those laws.

Setting the tone

The person who files for divorce first can guide how things will go. For example, if you file first and you are cooperative, your spouse might act the same way. But if you are hostile or aggressive, the process might become contentious.

Temporary orders

The first filer also gets the opportunity to request temporary orders for things like who gets to stay in the house, who takes care of the kids, or who pays certain bills while the divorce is still going on. These orders can sometimes dictate what might happen in the final settlement.

Responding to the filing

The spouse who didn’t file first must respond to the divorce papers within a set timeframe. In Phoenix, AZ, the spouse has 20 days to respond if they are served the divorce papers within the state.

If they are served outside of Arizona, the time frame extends to 30 days. Failing to respond within this period could result in a default judgment.

Effect on mediation and negotiation

Another benefit of filing first is that it can sometimes give you a psychological edge in negotiations or mediation, if the other spouse is caught off guard or surprised by the filing. This initial shock can make them more open to compromise because they are still processing the reality of the divorce.

Financial considerations

You may also get a chance to freeze your joint accounts or set a date for the valuation of marital assets. This can protect your financial interests, especially if you are expecting a contentious divorce.

Children and custody

If you file first and request a temporary custody order, a judge might be more inclined to continue that arrangement in the final divorce decree, unless there are compelling reasons to change it.

But do note that the court will consider the best interests of the child above all else when determining custody, no matter who files first.

Avoiding race-to-the-courthouse mentality

Initiating the divorce offers a few advantages, but keep in mind that a rushed decision could result in mistakes you regret later. In the haste to file, you might not collect all the necessary financial documents or forget to list certain assets, which could affect your property division, alimony and child support calculations.

FAQs

What are the legal benefits of being the first to file for divorce?

• Choice of Court Location: If spouses live in different places, the filer chooses where the case is heard.
• Request for Temporary Orders: The person who files can request early court orders for custody, support, and housing arrangements.
• Better Preparation: Filing first allows time to organize important documents and legal support.

How does filing first affect child custody decisions? While being the first to file may help with temporary custody requests, the court’s ultimate decision focuses on the child’s best interests. Filing first alone does not determine custody outcomes.

Can filing for divorce first influence financial matters? Filing first can create a reference point for asset valuation, helping establish a clear financial snapshot. This might be useful when dividing marital property and tracking financial changes.

How does filing first impact the divorce timeline? Filing at a less busy court time may speed up the process, but the overall timeline depends on the complexity of the case, court schedules, and each party’s cooperation.

Can the first person to file influence the “tone” of the divorce process? Yes, the first to file sets the tone for the proceedings. A cooperative approach may encourage a similar response, while a more aggressive stance may create conflict.

Does filing first affect spousal support or alimony decisions? No, spousal support decisions are based on factors like financial need and income disparity, not on who files first.

What is a preliminary injunction, and how does it affect divorce proceedings? A preliminary injunction is an automatic order issued when divorce papers are filed. It restricts both spouses from hiding assets, removing children from the state, or canceling insurance coverage.

What happens if my spouse files for divorce first? If your spouse files first, you have 20 days to respond if served in Arizona or 30 days if served outside the state. Failure to respond could result in a default judgment against you.

Can filing first impact the division of property and assets? Filing first sets a date for the valuation of marital assets, which might affect the division of property. This could be important if you anticipate significant changes in finances.

What are the downsides of filing for divorce first?

• Filing Fees: The person who files pays the initial filing fees.
• Risk of Rushing: Filing too quickly may leave you underprepared with missing documents or unresolved financial issues.

Should I hire a lawyer before filing for divorce in Arizona? Yes, a lawyer can provide guidance on your rights, help organize paperwork, and reduce the risk of mistakes that could affect your case.

How do “covenant marriages” affect filing for divorce first in Arizona? Covenant marriages require proof of specific grounds for divorce. Filing first still allows for jurisdiction control and requests for temporary orders, but you’ll need to meet specific legal requirements for a covenant marriage divorce.

Should I file for divorce first or wait? Filing first might be beneficial if you want to control the location, request temporary orders, or establish asset valuation. However, take your time, as mistakes in the initial paperwork could affect your case. Consulting with a divorce attorney helps ensure you make the best decision.

Get an Experienced Arizona Divorce Lawyer on Your Side

Taking the first formal step in ending the marriage requires you to be aware of your legal rights, including how to file the paperwork correctly so you don’t make any mistakes that could put you at a disadvantage. If you need legal guidance in filing a divorce in Phoenix, don’t hesitate to reach out to us at 602-265-5200 or fill out this form.