Who 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, however, and one of you wish to have the matter heard in the courthouse closest to your home — all hearings and subsequent divorce 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.

Different Considerations For Different Situations

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 involved. If 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 six months or more, it may be difficult to have your case heard in San Diego County.

We Offer Experienced Guidance And Personal Service

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, visitation litigation and Solana Beach mediation attorney services.

Contact Ratzer|Dobis to find out whether you should be the first to file for divorce in your situation. Call us at (858) 793-7700, or send us an email online today.


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