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When facing a family law, estate law or other legal matter, it is important to work with an experienced attorney who can help you understand your options and protect your interests. At The Powell Law Firm, we have more than 20 years of experience protecting people in Pearland, Houston and the surrounding area in Texas.

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February 11, 2019

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On behalf of The Powell Law Firm

| Divorce

What is the Benefit of Filing for Divorce First?

Being the first to file for divorce gives you the upper hand in gathering documents, protecting marital property, and asserting your rights in your divorce.

Couples can experience marital problems years before deciding to file for a divorce. In some cases, being served with a divorce petition by your spouse may come as a complete surprise, but looking back, there may have been warning signs you failed to notice. If your marriage is on shaky ground, it is to your benefit to be alert to these signs and to make an attempt to file first. It allows you to specify grounds for the divorce, while protecting any marital property you and your spouse possess.

The Benefits of Filing for Divorce First

People delay filing for divorce for multiple reasons. They may need time to decide if the marriage is worth saving and to attend counseling sessions, or they may be worried about the impact it will have on their spouse, or perhaps, their children. Unfortunately, your hesitancy in not wanting to be the first to file could end up backfiring on you, putting you at a distinct disadvantage in an eventual divorce case.

Under the Texas Family Code, divorce can be filed on the basis of irreconcilable differences between you and your spouse, which means that neither of you is specifically to blame. You may also file for divorce on the basis of fault grounds. These involve issues such as adultery, cruelty, abandonment, or conviction of a felony offense. If you file based on fault grounds, you may be potentially entitled to have your legal fees and court costs paid by your spouse. It can also benefit you in marital property division proceedings.

If you hesitate in filing for divorce despite having grounds to do so, and your spouse ends up serving you with a divorce petition, you could have a hard time proving your allegations in court. By not filing immediately, it can be seen as condoning your spouse’s behavior. It also puts you in the position of having to file an answer or counterclaim, defending yourself and your position in the marriage.

Protecting Marital Property

Filing for divorce first can also help ensure your marital property and assets are protected. In Pearland, you will need to present information about your income, assets, and debts, along with an inventory of marital property, when filing a divorce petition through the Brazoria County court. Unfortunately, it is not uncommon for a spouse to attempt to hide or destroy assets if he or she suspects a divorce is imminent.

Once you file for divorce, a restraining order can be put in place. This prevents, by court order, your spouse from draining accounts, running up debts, or taking other actions that could hurt you in any eventual property settlements.

Reach Out to Our Pearland Divorce Attorney

When dealing with marital problems that could eventually land you in divorce court, you need an experienced divorce attorney on your side to ensure you are protected. To request a consultation with The Powell Law Firm to discuss your case, reach out and contact our Texas divorce attorney today.

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  • “John Powell III was very helpful through the entire process of my divorce which involved a custody fight over my 3-year-old daughter. Mr. Powell has a strong working rapport with the Brazoria County family court. He was very patient, walking me through every step, knowing what to expect from my wife's attorney. We were ultimately successful and I would highly recommend him. As for my daughter, she is doing great. She has advanced to the preschool 2 class early, she is now 3.5 and now goes to school with the 4-5 year old's. Her emotional and behavioral issues have disappeared. Thanks to Mr. Powell's hard work my daughter will have a great chance at life.”

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  • “I had what I learned was not your stereotypical divorce case. John Powell III was extremely understanding of the situation and worked with myself and my former spouse to navigate the legal pitfalls in our, and our children's case. Everything was resolved amicably and with minimal impact to our family. Without Mr. Powell's assistance I do not know that we would have gotten to such a positive place.”

    (A.W.)

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