First to File for Divorce

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There are times in an unhappy marriage where both spouses can feel that a divorce in the near future. When you are in this type of situation, the question is whether or not to be the first one to file. Here are some of the different personal, legal and financial advantages to being the first to file for divorce.

Choice of Jurisdiction

Filing first for divorce allows you to choose what location the divorce will be adjudicated. If you and your spouse live in different areas, both of which have proper jurisdiction, it could be helpful to not have to travel to their location for court proceedings. Also, different places have different rules towards aspects such as child custody or division of marital assets. It is highly recommended to look into the laws pertaining to both places and see which would be more beneficial to you. It is also important to know that a case must be filed in the proper jurisdiction, which our San Diego divorce attorneys can help you determine.

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