should file for divorce?
When the parties live close to each other it does not matter who
files for the divorce – husband or wife. The Court finds
no difference. The court does not find for, nor prejudice
against the person who files the action.
The court filing fees are the same for the Petition
and the Response. If
you and your spouse live in different areas of town, and one
of you wish to have the matter heard in the courthouse
closest to your home - all hearings and subsequent filings
will occur at the courthouse where the Petition is filed.
The first to file, the Petitioner, does get to present their
case first at trial, but since only a small percentage of
family law cases ever go to trial that advantage is minimal.
Who should file becomes more complicated when you are living apart
from a spouse who is in a different county or state. If you are dealing with that fact, you need to consider
filing here as soon as possible to ensure your case will be
heard here and you will not be required to travel to a
different county or state to attend court hearings.
This is especially important when children are
your case involves custody and visitation issues, you should
consult with an attorney right away to make sure your case
gets filed in the proper courthouse.
This is a very important issue and one that needs to
be analyzed at the outset of your case, especially when your
children have been relocated out of San Diego County.
Once the child(ren) live in another location for 6
months or more, it may be difficult to have your case heard
in San Diego County.
Our office has extensive experience with custody and visitation issues
including move away requests, psychological evaluations, and
high conflict divorce cases.
We work with our clients to ensure they are prepared
for every step custody and visitation litigation and
out James Ratzer's profile
page on the State Bar of California (CALBAR), and his
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