If you choose to be a plaintiff, you can decide which court has jurisdiction.
As a plaintiff, you can take into account the court where the defendant is registered for divorce or the defendant's habitual residence, and different courts hear divorce cases in terms of trial mechanism, handling methods and professionalism.
This is very evident in the table of the characteristics of judges in all the courts in Wuhan that we have summarized.
2.If you choose to be the plaintiff, you can seize the property of the other party in time.
Before initiating divorce proceedings, in order to prevent the other party from transferring, concealing, or damaging joint property during divorce proceedings, property may be protected through pre-litigation preservation or litigation preservation.
As a plaintiff, you may file an application for preservation in a timely manner before or after the case is filed. As a defendant, when he received the notice of litigation, the property in his name was basically frozen. If it were to seize the plaintiff's property at this time, it would be of little significance.
This is because, often, before taking seizure measures, the plaintiff must have done a certain degree of "anti-seizure" treatment of his own property.
3.If you choose to be the plaintiff, you will have more time and space to investigate and collect evidence.
As the saying goes: "In a lawsuit, what is fought is evidence", which shows the importance of evidence. Investigation and collection of evidence requires a certain amount of time and space. For example, when it comes to the inquiry of assets in the name of the husband and wife, the relationship between the two parties has not yet reached the state of "vigilance" before entering the litigation procedure, so the evidence of the property can be obtained relatively smoothly, such as the purchase contract, bank card, etc.
Therefore, the advantage of being a plaintiff is that before the lawsuit is filed, it can quietly carry out the investigation and collection of litigation processes, creating favorable conditions for subsequent litigation.
4.Choosing to be a plaintiff can steer the case in a direction that is favorable to you.
We once had a case where we were the defendants. The plaintiff foresaw that the outcome of the lawsuit was not favorable to him, so after two times, he chose to withdraw the lawsuit, and the case, which lasted more than a year, was terminated, which really made the defendant beat his chest.
Based on the procedural provisions, the plaintiff has the right to withdraw the lawsuit, and even if the defendant makes a request, it is only a counterclaim in the divorce proceedings, which does not constitute a counterclaim, and the defendant's request cannot be heard alone.
5.If you choose to be a plaintiff, you have the priority to choose a lawyer.
There are not many teams with rich experience in the family field, which makes it easy for the plaintiff and the defendant to find the same law firm, the same team, or even the same lawyer, which is often the case in our law firm.
However, due to the "conflict of interest" review in the legal profession, if one party appoints a lawyer from the same law firm, all lawyers in the same law firm cannot lead the divorce proceedings of the other party, which is for the sake of protecting the interests of all parties.
Therefore, as a plaintiff, if you file a divorce lawsuit first, you can basically give priority to the lawyer you like, and you will not be restricted by "conflict of interest".