California Divorce: Does it Matter Who Files First?
In California, many spouses approach divorce in a highly competitive manner. As long as spouses do not behave improperly or unlawfully, this competitive mindset may be somewhat beneficial. In many cases, however, it may be pointless to compete against your spouse, especially in regard to specific aspects of divorce. For example, racing to file for divorce often makes no sense in California. Why is this? Does it even matter who files first in the Golden State?
California is a No-Fault Divorce State
California is a “no-fault” divorce state, which means that it really does not matter who files first. Under this system, couples can divorce each other without ever giving a specific reason. For example, they could simply state that the marriage is not working out. The technical legal term for this is “irreconcilable differences,” and it is a legitimate grounds for divorce in California. In fact, it is essentially the only way in which spouses can get divorced in California.
Under a no-fault system, spouses would need to have a valid reason for pursuing divorce. They may only have a few options to choose from, including adultery, criminal behavior, addictions, and other “grounds for divorce.” These grounds for divorce are almost always related to marital misconduct. Spouses who live in no-fault states may benefit from filing first, but such jurisdictions are now few and far between.
It May Still Be Beneficial to File for Divorce First in California
In the eyes of the family courts in California, it does not matter who files for divorce first, and both spouses will be treated equally. In a more practical context, however, it may still be beneficial to file for divorce before your spouse. Filing for divorce first allows you to seize the initiative. This may provide you with more time to prepare, and you might remain several steps ahead while your spouse tries to catch up. You might also take the time to address certain financial issues before choosing the most opportune moment to file your papers.
Why a Less Combative Mindset Can Be Beneficial
If a less combative approach is possible, both spouses typically benefit. A contested divorce almost always leads to higher legal fees, more stress, and a more time-consuming legal process. By abandoning their competitive natures and pursuing greater cooperation, spouses can work toward their best interests in a much more efficient manner. Speak with your family law attorney in California to learn more about mediation, collaborative law, and similar options.
Where Can I Find an Experienced Divorce Attorney in California?
While it might not matter who files first in a divorce, it still makes sense to act quickly. The sooner you get in touch with a qualified California divorce lawyer, the sooner you can get started with an effective action plan. Choose the RM Law Group to discuss your options today and assess the most appropriate course of legal action.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
