Over the years of writing these articles, I have written about the issue of filing first – being the first person to file for divorce. Is it better to be the petitioner or the respondent? The advice I give most of the time is that when you are certain that your marriage is over and that you want a divorce, go and file. All things considered, I have not seen much of a benefit to being the petitioner versus the respondent. Notwithstanding this advice, some clients believe it is better to file first. Others believe they should only be the respondent. Let’s take another look at the issue.
If you live in Santa Clarita, the person filing has a choice of filing in the San Fernando courthouse or the downtown Los Angeles. There are advantages and disadvantages in filing in each of those places. For example, in San Fernando there are only two family law courts and the rest of the courts handle criminal cases. In downtown Los Angeles, there are lots and lots of family law courts and no criminal cases. The other cases heard are largely civil cases (limited and unlimited), landlord tenant matters, and probate matters. If you want control over where your case is filed, then you do want to file first.
Every once in a while I get a client who comes in and says they do not want to be the first to file because they do not want their children to “blame them for the divorce.” The concern is that if they file first, the other parent can say to the kids, you see, mommy (or daddy) is breaking up our family. And you ask, does this change my opinion? The answer is still no. My general rule remains the same, if you know that your marriage is over and you want a divorce, file your paperwork. Children should not be dragged into the proceedings at all. If a decision is being made to divorce, than that decision is probably the best one for the whole family, children included.
For all of your family law and business litigation needs, contact the Law Offices of Richard A. Marcus at 661-257-8877.