If you are considering dissolving your marriage, it is important to act quickly and hire an experienced Riverside divorce attorney to help guide you through the process. A divorce attorney will be aware of all the intricate legal procedures that are a part of divorce in Riverside. For example, there are a number of legal advantages to filing for divorce first. The party which files initially becomes the “petitioner” in the action and can have the following advantages in the course of the divorce:
1. Filing First May Prevent Your Spouse from Illegally Hiding Any Collective Assets or Property
If your spouse is aware of an upcoming divorce, he or she may take steps to hide money, property, and other assets of community property which would otherwise be subject to equal distribution between the two of you. If you file first and obtain a protective order, your spouse will be unable to legally move any of his or her assets.
2. Filing First Allows You to Control Jurisdiction
On some occasions, the location where a divorce is heard can confer certain advantages. For example, if you and your spouse live in different counties, filing first will allow you to choose a venue that is more convenient for you and you may also select a local court that might historically favor your interests.
Under California law, you must be a resident of the state for at least 6 months to file for divorce in California.
3. Filing First Allows You to Establish Temporary Court Orders
In California, the petitioner is able to ask for temporary child and other financial support based on the facts of his or her petition. From the information provided in the initial filing, the court will set temporary court orders on the rights of both parties to the home, to custody of the children, and to other actions that each person can take while the divorce is pending.
4. Filing First Allows You to Make the First Moves
The petitioner is granted the right to be the first to submit motions to the court. Your spouse may be put on the defensive and will need to respond to the points bring up before bringing up any of his or her own.
5. Filing First Allows You to Protect Your Children
If you believe your spouse represents a threat to your children, it is important to file immediately and receive a court order for temporary child custody. If your spouse removes your children to an alternate jurisdiction, you may lose the right to file for custody in the venue of your choice.
Call a Riverside Family Law Attorney Today
If you are considering filing for divorce in Riverside, contact our experienced attorneys at Wallin & Klarich. Wallin & Klarich has over 30 years of experience successfully helping our clients with family law and divorce matters. We are confident that we can help you achieve the best possible outcome in your case.
A Riverside divorce attorney from Wallin & Klarich can help you through the difficult process of ending your marriage. We have offices in Los Angeles, Sherman Oaks, Torrance, Orange County, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. Wherever you live or work, you can find an experienced Wallin & Klarich divorce attorney to guide you.
Call us at (888) 749-7428 for a free telephone consultation. We will get through this together.
