SHOULD YOU BE THE FIRST TO FILE FOR DIVORCE?

Should You Be The First To File For Divorce?

Tim Miranda

Founding Partner

Transcript

“Should you be the first person to file for divorce? Does it give you any advantage?

Quite frankly, there is no advantage to filing first except maybe a psychological advantage. I beat you to it. I told you so. I’m finished.
If you file for a divorce first, throughout the proceeding you are the petitioner. The other party is the respondent. If and when you go to trial in your family law case the petitioner will go first.

Is that an advantage? Maybe. Maybe not. But generally speaking, winning the race to the courthouse means nothing more than you’re the first one to file, you’re the first one to serve, and you’re the first one to pay the expensive first paper filing fee.”

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