In a New Hampshire divorce, filing first is not the same as gaining the upper hand. The court will still divide marital property, address support and decide parenting matters based on the law and the facts of the case. But the spouse who starts the case gets to make the first move.
That first move can have practical value. It can set the case in motion before the other spouse does, bring certain issues before the court and preserve marital property. For a spouse who already expects a divorce, waiting to see what the other spouse does may not always be the most strategic choice.
Here are three ways filing first can affect the early stages of a New Hampshire divorce.
1. Filing first can give a spouse more control over the process
The spouse who files first starts the court case and submits the initial paperwork. This can provide an opportunity to organize financial records, identify disputed issues and consider what temporary arrangements may be needed before filing.
Divorce cases can involve several issues, including property division, child support, parenting responsibilities and alimony. Preparing these matters before filing can help a spouse present those concerns from the start rather than responding to the other spouse’s approach.
Filing first also starts the formal process for notifying the other spouse. The respondent then has an opportunity to respond and participate in the case.
2. Filing first can help protect marital assets
New Hampshire law places restrictions on certain transfers or disposal of property once a divorce action begins. These restrictions can help prevent either spouse from selling, transferring or concealing property while the divorce is pending, subject to certain exceptions.
This can be important when spouses own a home, maintain joint financial accounts or have significant investments. Filing first does not give one spouse a greater claim to marital property. Instead, it can help preserve the assets while the court determines how they should be divided.
New Hampshire begins with the presumption that in a marriage of 10 years or more, an equal division of marital property is equitable. However, the court may order an unequal division when the circumstances support it under state law.
3. Filing first can address temporary concerns sooner
A divorce can take time, but spouses may need decisions about money, property or parenting before the case ends. New Hampshire courts can issue temporary orders while a divorce case is pending, including orders concerning child support, spousal support, parenting arrangements and the use of property.
For example, a spouse who depends on the other spouse’s income may need temporary support while the case proceeds. Parents may also need a temporary parenting schedule while they work toward a final agreement.
A first move can shape the road ahead
Filing first does not determine how a New Hampshire divorce will end, but it can shape how the case begins. A spouse who files first may have more time to prepare, protect marital assets and ask the court to address temporary needs. Those advantages can make the timing of a filing an important part of divorce planning.
Still, filing first is not automatically the right choice for every spouse. Before starting a divorce, consider speaking with a New Hampshire divorce attorney about the circumstances of the marriage, financial situation and any parenting concerns. Legal advice can help determine whether filing first makes sense and what steps to take before beginning the case.