Call Today for a FREE Consultation!


Contact Us


Call for Free Consultation

(858) 935-6211

[gravityform id="11" name="Contact Us Fixed" title="false" description="false" ajax="true"]

Q:  Is there an advantage in filing for divorce first?


There is no specific advantage for filing first, but filing in general will give you an advantage. By filing for divorce it puts a restraining order on the community funds to make sure there is no fraud or misappropriation of the community funds. The community money can be spent for essentials only. This may be worthwhile for you since you are alleging there is theft of money going on. If that money is community property, you can protect is by filing and having her served.

If you are seeking the house as part of the settlement, you may want to consider living in it. If you are seeking the house as a condition of the settlement, then you should be living in it not her. If not then you need to ensure that the household bills are being paid especially if your name is on them.

Posted in: Divorce, Family Law

FAQs by Category:

Articles by Category:

Blogs by Category:

  • Testimonials

    • photo

      I was very happy with Mr. Fischer and his team! They helped me in a time of crisis and made sure the outcome was in my favor. Thank you s ...More

      Thomas Zachary
    • photo

      Thank you Mr. Fischer!!! I would and have recommended this Michael Fischer to friends. I had a very difficult divorce/child custody. He a ...More

      Elizabeth Mila
    • photo

      I was dealt with a man for over 2 years who was only concerned with breaking me and reducinghis support payments fo rhis children, Mr. Fi ...More

      David Sebastian
    • photo

      My wife and I started our divorce over two years ago, and I was at a stand still with my wife and my attorney at the time had no plan. I ...More

      Gabriel Dylan
    • photo

      I wanted to take a moment and thank Mike Fischer my divorce attorney for all that he did for me. He made a very difficult time much easie ...More

      Kaylee Victoria
    • photo

      Going through my custody battle was very emotionally trying. I was lucky to have choosen Fischer & Van Thiel to help me protect the m ...More

      Mithila Parker