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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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Does it matter who files a legal separation first since we

Customer Question

Does it matter who files a legal separation first since we both live in different states, he is Calif. and me in Washington? What are the pros and cons of filing FIRST.
Submitted: 11 months ago.
Category: Family Law
Customer: replied 11 months ago.
Please answer. Very important.
Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your post. Please permit me to assist you with your concerns.

Legally it does not matter who files first--there is no difference as neither party obtains a benefit. Just the terms change--the person who filed is known as a 'petitioner', and the one who replies to the filing is known as a 'respondent'. About the only 'benefit' is the one who filed ends up forcing the issue to go forward but that is it.


Dimitry, Esq.

Customer: replied 11 months ago.
If I file first, do I pay? Or do we equally pay? If he files first in Calif. do I have to fly to Calif?
Expert:  Dimitry K., Esq. replied 11 months ago.


If you file first, you pay the cost of filing. The petitioner pays. But if he files in a different state from you, then yes, you'd have to fly to wherever he filed as that would have jurisdiction. Now, if you are in different states, then filing first can be a huge benefit both based on location and more favorable laws, depending on situation.


Dimitry, Esq.

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