In most cases, not really. As with most legal questions, the answer to this one really depends on what advantage you are hoping to gain by filing first, because there are pros and cons to doing so. If, for example, there are multiple courts (or possibly even multiple states) that may have jurisdiction over your case or some of the individual matters in it, you may want to be the first to file to try to make sure the case is heard in the court of your choice.  Filing first also gives you the option of filing replies if responses to your petitions and/or motions raise new allegations that must be addressed.

But filing first also usually means you have to present first at the hearing associated with your filing. That can be either good or bad, depending on your facts, the witnesses involved, and the type of evidence you are dealing with.

Overall, regardless of who files first, both sides will have an opportunity to present their side of the case, both in their filings with the court and in court hearings.

Your chances of “winning,” in other words, have very little to do with whether you file first. The law and the facts surrounding your legal issue will always be much more important.

Sometimes, but this is definitely a question you should speak with us about because, in our experience, more attorneys and judges make mistakes in this area than you might expect, and in fact, it is one of the most commonly misunderstood issues in family law. It all comes down to whether the right facts exist in your case, and those facts include where the parties and their children live, whether the court that entered the original order had proper jurisdiction to do so, how circumstances have changed since the time of the last orders, etc. If you want to know whether you have the right ground to seek enforcement or modification of your out-of-state divorce or custody orders, please schedule a free consultation with us today.

This is a common complaint, but more often than not, it stems from a misperception about what is actually going in a case.

The period of time between when you file something with the court and when the court actually rules on the issue (usually after conducting a hearing) is something we like to refer to as “pendency limbo,” and the timeframe between when a divorce or custody case begins and when it is finally resolved can be almost surreal in many ways. So many things can and do happen while a family law case is pending, but not every event triggers a legal right or ability to do anything about it in the meantime.

While it may feel like your ex is getting away with everything, in most cases it only feels that way because the court has not yet had the chance to address the behavior you are concerned about. There are many rules that apply to lawyers and litigants alike that restrict what types of actions may be taken and/or what motions may be filed with the court, and when, and acting in ways that bend or break those rules often diminishes your credibility with the court.

There are always exceptions to having to wait, such as when a child may be in danger. But knowing when and how to react to the actions of the other side is one of the most important skills an attorney can bring to your case. Having an attorney on your side, in any representation capacity, will help keep you informed of how to best handle these “limbo” situations when they arise during your case. If you feel like you are struggling with the rules and outcomes of “pendency limbo,” please schedule a free consultation with us today.

Yes. We offer many types of unbundled legal services, including advice-only services, ghostwriting of letters and court filings, document review, and limited appearances. For some clients, we have even switched back and forth between the different levels of representation to meet the client’s changing needs and financial situation. If you are interested in learning how our different levels of representation can be of assistance in your case, please contact us today to schedule your free consultation.