One of the often-asked questions by new clients is whether there is an advantage to being the first one to file in a family law case. There are some advantages in doing so.
The first one that comes to mind is being able to choose the court where your case is filed. If you live in Santa Clarita, your case can be filed in San Fernando or in downtown Los Angeles.
If you file first, you get to choose where your case gets filed. Next, if you follow my articles, you know that I write about the automatic temporary restraining orders contained on the back of the summons. If you file and then serve the summons, your spouse will be bound by those orders as soon as he or she is served. So, if you are concerned about a spouse taking money or property, or leaving the state with your children, filing right away has an advantage.
Will you get more sympathy from the court because you filed first? Probably not. However, Judges are human beings and if the reason why you are filing is because of infidelity, while California is a no fault state, the fact that you were “forced” to file because of infidelity is something that you might want to tell your judge about.
One area where it can be advantageous to file first is when you ask the court for an order of some kind such as a request for child support, child custody, or spousal support. The reason is that you get to have the first and last word in submitting the written papers to the court. You essentially get two bites at the apple, while the person opposing the motion usually gets one. In an era of really crowded courtrooms where judges have less and less time for full hearings, putting as much information in your papers is important. Even though you have two chances, it is important to try to put everything you need to say in the first set of papers you submit. The second set is supposed to be used for replying to what your spouse says in response to your initial papers. So, is there an advantage to filing first? Arguably yes, there is.
For your family law and business needs, contact The Marcus Law Firm 661-257-8877.