We are often asked if there is any advantage to filing first in a San Diego divorce case. In most cases the question of who files for the divorce itself will not have a material outcome on the case itself. However, there are absolutely instances where it is important to make sure you are the first one filing for divorce…
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The Pros and Cons of Filing First in a Carlsbad Divorce
What are the pros and cons of filing first in a Carlsbad Divorce? There is a lot of pre-planning to do prior to filing for a divorce. Many people believe it is best to be the spouse who actually files for divorce. Others don’t want be regarded as the one who caused the divorce, or if divorce is really the…
What Should You Know about Starting a Carlsbad Divorce?
What should you know about starting a divorce in Carlsbad, Encinitas, Oceanside, Vista or Carlsbad? A divorce is actually commenced when one of the spouses file is a petition to dissolve the marriage in the Superior Court. Simultaneously with the filing of the petition to dissolve the marriage the court issues a summons. Then the summons and petition must be…
The Six Month Waiting Period for a Divorce in San Diego
What is the six month waiting period for a divorce in San Diego and when does the clock start? California put this portion of family law in place to ensure that married couples had a “cooling off period” and an opportunity to give full consideration to the decision to divorce. The waiting period also provides time to correct decisions taken…
Is it a Race to the Courthouse to File for a Divorce
We are often asked “is it a race to the courthouse to file for a divorce in North County San Diego?” Who files first in a divorce action is actually often of little consequence except and unless the matter actually goes to trial. Even then the advantage for the party who filed for divorce is often slight. As experienced divorce…