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Does Filing First in a Carlsbad Divorce Give You an Advantage?

On Behalf of | Mar 27, 2022 | Divorce

We are often asked does filing first in a Carlsbad divorce give you an advantage?  There are many important preparations to be made prior to filing for a divorce.  One of the first issues which may need to be decided is whether or not it is important to file first in your case.

In some cases our clients are still unsure if they are ready to go through with filing for a divorce.  In others, there are specific issues which preclude a race to the Courthouse.  What is best in your

So, does filing first in a Carlsbad divorce give you an advantage in the case?  Each case is different.  For example, let’s consider an example where the spouses are no longer living in the same area.  Perhaps one has moved out of the area or out of State.  In these cases it is important to protect “venue” and the laws which will be applied in your case.  Different states have different laws when it comes to divorce, the division of marital property and even child custody and visitation.

There is one genuine advantage to filing first in a Carlsbad divorce case: the “Petitioner” (the party who filed the case) gets to present their case before the Judge first.  Many strategists believe this provides the first opportunity to “establish the facts” and begin to sway a Judge.  However, this works both ways.  The “Respondent” (the party who is served) and their attorney can learn a lot from how a case is presented and adjust strategy to gain an advantage.

Each case is unique and the question of filing first in a Carlsbad divorce and whether it is the right strategy in your own situation is a matter to discuss with our experienced, proven Certified Family Law Specialists.  You will need to organize a substantial amount of information.  You will need to make sure you are mentally and emotionally prepared to engage the process.

If you are considering divorce we invite you to review the strong recommendations of former clients and the legal industry, protect your interests and contact us or call 760-389-3927 to schedule an appointment for a safe, confidential and private consultation with one of our experienced and proven Certified Family Law Specialists.