Is there an advantage to who files for divorce first?
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Is there an advantage to who files for divorce first?
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. If the matter should go to a hearing, the person who files the petition usually presents his or her case first.
Is it better to be the plaintiff in a divorce?
There simply is no consderation given as to who filed the divorce when it comes to determing the husband/wife issues in the case. There is one advantage to being the one to file the divorce. The plaintiff sets the pace for the case and at trial the plaintiff is the first party to present his or her case and evidence.
Is it OK to cheat while separated?
You are separated. So you can’t cheat. There is no dishonesty in dating another human being when you are separated from someone. There is no advantage to be gained except a possible relationship or fun, and that shouldn’t affect the person you separated from at all.
Is it OK to date someone who is separated?
When someone is separated, they are not able to marry someone else until they are officially divorced. Doing so would be bigamy and is illegal. If you are dating a separated man, you should find out where he is in the divorce process.
Can you get married while being legally separated?
Until that date, a married couple, no matter how long they have been separated, are still considered to be legally married. Keep in mind, this also means that until a Divorce Order is issued, neither party may legally re-marry.
Does my husband have to support me if we separate?
Under the Family Law Act, a legal or de facto spouse may claim spousal maintenance after separation. If a spouse is entitled to spousal maintenance, the spouse with the higher income must provide him or her with financial support. This may be paid periodically or as a lump sum, depending on the circumstances.