Filing for divorce is a significant step, and in Canada, the process can be complex and emotionally charged. While it may seem like a small detail, the party who files for divorce first can have certain advantages in terms of control, preparedness, and strategy. Below are the potential benefits of being the first to file for divorce under Canadian law:
Control Over the Process
In Canada, the person who files for divorce first is often able to choose the jurisdiction in which the divorce proceedings take place. This is particularly important if you and your spouse live in different provinces, as family law can vary across regions. Filing first allows you to select the court system that you feel may be most favorable to your situation.
Preparation and Gathering of Evidence
Filing first gives you time to prepare and gather the necessary financial and personal documentation before the legal proceedings officially begin. This includes important documents like tax returns, bank statements, property deeds, and any other information that could impact the division of assets and debts. Being prepared can help ensure that your position is clear from the start.
Psychological Advantage
Taking the initiative to file for divorce can provide a psychological advantage. It gives you a sense of empowerment during a challenging time, showing that you are in control of the situation. This proactive approach can also influence the tone of the proceedings, signaling to your spouse, and potentially to the court, that you are serious about moving forward.
Access to Temporary Orders
In Canadian divorce proceedings, the party who files first may have the opportunity to request temporary orders. These can cover urgent matters such as child custody, child and spousal support, and the use of property during the divorce process. Temporary orders can help establish a structure for the divorce while waiting for a final resolution, offering a sense of stability during a potentially uncertain time.
Avoiding Surprises
By filing first, you prevent the possibility of being caught off guard by your spouse’s filing. You will not have to react quickly to unexpected legal actions, which can sometimes leave you feeling rushed and unprepared. Filing first allows you to consult with an experienced family lawyer and create a strategic plan for moving forward.
Choosing Legal Representation
Filing first gives you the opportunity to select an experienced family lawyer who can represent your interests. If your spouse has already hired a lawyer, there could be conflicts of interest or delays in hiring legal counsel. Being the first to file means you have more control over selecting the legal professional best suited to your needs.
Control Over the Narrative
As the petitioner, you are the one who sets the initial narrative of the divorce. You can frame the reasons for the divorce and outline your proposed terms, which can influence how the case unfolds. While the court will ultimately make the final decision based on the law, presenting your case clearly and thoughtfully from the start can set the tone for future discussions.
Financial Protection
In some cases, filing first can allow you to take measures to protect your financial interests. For instance, you may request the court to freeze joint bank accounts or assets to prevent your spouse from making significant withdrawals or sales of property before the divorce is finalized. Such steps can help ensure that marital property is divided fairly and that neither party is unfairly disadvantaged during the proceedings.
While the decision to file for divorce first is deeply personal and depends on your unique circumstances, understanding the advantages can help you make an informed choice. Filing first can provide you with greater control, preparedness, and legal advantages, setting the stage for a smoother and more favorable divorce process. If you’re considering divorce, consult J.N. Mukongolo Family Lawyers in Toronto at (647) 660-9832 to explore your options. As a trusted divorce lawyer in Toronto, we are here to ensure your rights and interests are protected every step of the way.
