Are you wondering whether there would be any advantages to being the first to file for a divorce? There are, in fact, a few financial and legal benefits for the person who petitions the divorce. Here are a few reasons why it might count in your favor to be the first to serve papers on your spouse in California.
Petitioner makes his or her case first
The person who filed for divorce will be the first to speak during the proceedings, so if you feel that it is crucial to be the first to make your case, this will count in your favor.
You’ll be able to manage your finances from an advantageous position as you’ll not only be able to budget for legal expenses and court costs, but you will also be able to evaluate the division of assets and how this will affect your financial position before the divorce process starts.
Automatic temporary restraining orders
In California, Automatic Temporary Restraining Orders (ATROs) will come into effect from the moment the divorce petition has been served on your spouse. ATROs will restrain your spouse from selling any marital assets, moving funds, or taking your children out of the state they currently reside in.
You decide on the location
The petitioner has an advantage, as the party to file the petition has the option to decide where the case will be heard. If you and your spouse live in different states, this will be beneficial as you will have the convenience of being close to your lawyer, while your spouse will have to employ a lawyer in the same jurisdiction as where the petition was filed.