Does Filing a Divorce First Give me an Advantage?

Описание: Florida Attorney Sergio Cabanas tackles the question of whether filing a divorce first will give one spouse an advantage.

00:00 Introduction
00:08 Does Filing a Divorce First Give me an Advantage?
01:08 Outro

Para la version en español, ver aquí:
¿Presentar la demanda de divorcio primero me da una ventaja?
   • ¿Presentar la demanda de divorcio primero ...  

**Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**

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Sergio Cabanas, Esq. has been practicing law since 1991, after graduating from Washington College of Law in Washington D.C. Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.

The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Post-nuptial Agreements, Domestic Violence, and Post-Divorce Related issues.

The firm has three locations: Pembroke Pines, Weston, and Sunny Isles Beach in South Florida. If you would want to consult, you can reach the firm through (954) 329-0441. We are open from 9AM to 5PM, Mondays to Fridays.

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Pembroke Pines • Weston • Miramar • Cooper City • Hollywood • Davie • Southwest Ranches

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Transcript:

Hello and welcome to 60 Seconds with Sergio. I'm your host, Sergio Cabanas, Attorney-at-Law here in Florida. Thank you for joining me today.
Today's question is: "Sergio, it appears that my spouse and I are in the process of separating and divorce appears to be imminent. Is there any advantage to filling a divorce first? Does the spouse who files first gain any advantage over the other?"
Well, from a theoretical standpoint, under Florida's law, it really doesn't matter. Either spouse can move forward with filing a divorce at his or her will. So it doesn't really matter who files first because the divorce will be processed either way.
However, what is important is not so much who files first, rather it's the timing of the divorce. Sometimes attorneys use timing as a critical factor with the filing of the divorce in order to help their client getting some type of strategic advantage.
It could be related to such issues as: having access to funds, assets, books and records, timesharing with minor children, or to gain an advantage on alimony, and so forth.
The list is very long and what an attorney experienced in divorce law does is looks at your particular circumstances to develop a strategy and oftentimes that includes the correct, best timing for the filing of the divorce.
I hope this short video provided you some guidance over this important area of the law. As always, thank you for joining me today. And stay informed, so you can stay strong.