Does it matter who files first in a divorce in Carlsbad, Oceanside, Encinitas, Vista or anywhere else in Carlsbad? We are often asked about the importance of filing first when approaching a divorce in North County San Diego. The most important thing to remember is a divorce should be carefully considered, and not something you race into just to file first.
There are occasions when it is important to file as quickly as possible. If you are concerned about issues of child custody or support, money being taken from accounts, credit cards being charged inappropriately (spending them up prior to the divorce), physical abuse or domestic violence, or when orders are necessary to protect the safety and well being of a child you may wish to file first.
One of the most important aspects of taking the role of the “Petitioner” or the party who files the divorce relates to an issue known legally as “venue.” If both parties live here in North County San Diego it might not be as important. If the other party has moved, or lives in another part of California it may be important to file as soon as possible to ensure that the venue in your case is here in Carlsbad and not in another part of California, or worse, in another State altogether.
Once you have decided to get a divorce it is important to speak with experienced and seasoned Carlsbad divorce and family law attorneys to protect your interests as well as those of the children. The attorneys at Burke & Domercq are highly skilled Carlsbad divorce attorneys and California Certified Specialists in Family Law. We are prepared to act quickly when it is in our client’s interest to do so.