Should I serve divorce papers to my spouse first or move out first? 2 Answers as of August 15, 2016

We have a 10-year old daughter.

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Peyton and Associates | Barbara Peyton
It shouldn't matter. It might be easier to move out and then have your spouse served. You cannot serve the papers yourself. It must be someone 18 years or older and not related to you by blood or marriage. When papers are served, emotions generally get escalated and a fight can ensue. Moving out first will probably help to de-escalate the situation.
Answer Applies to: California
Replied: 8/15/2016
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
The answer to this question largely depends upon the personal circumstances surrounding your family. The best thing to do is to meet with an experienced family law attorney to assess your options.
Answer Applies to: California
Replied: 8/15/2016
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