Who Files First? Data on Divorce Initiators in California and What It Means for Cerritos Couples
If you’re thinking about divorce, you might wonder if you should be the one to file first. Maybe you’re waiting for your spouse to do it, or maybe you’re trying to figure out if filing first gives you some kind of advantage.
In California, about 70% of divorces are filed by women, but who files first doesn’t determine who “wins” in court. What it does affect is timing, control over the process, and your ability to prepare financially and emotionally.
At RM Law Group, LLP, our Cerritos divorce lawyers can meet with you to talk about your options. If filing for divorce is best, we’ll help you protect what you value most throughout the process. Call us at 888-765-2902.
Who Actually Files for Divorce in California?
Research consistently shows that women initiate divorce more often than men. In California, women file approximately 70% of all divorces. This trend holds true across Los Angeles County and reflects national patterns as well.
The gap widens even more among college-educated couples, where women initiate about 90% of divorces. For these couples, higher education often means greater financial independence and more resources to leave unhappy marriages.
Age also plays a role in divorce patterns. Younger couples have seen their divorce rates decline significantly since 1990. People who married in their early 20s saw their divorce rate drop from 47 per 1,000 in 1990 to about 20 per 1,000 by 2021. Meanwhile, divorces among people over 50, often called “gray divorces,” have more than doubled since 1990 and continue to rise.
Why Women File More Often
The reasons behind these statistics are complex, but research points to several factors. Women often report feeling unhappier in struggling marriages than men do. Studies show that women are more likely to recognize when a relationship isn’t working and take action to change their situation.
Financial independence matters too. As more women have their own careers and income, they feel less trapped in unhappy marriages. In Los Angeles County, where the cost of living is high, but job opportunities exist, many women feel equipped to support themselves post-divorce.
Women also tend to be more aware of relationship dynamics and more willing to seek help through therapy or counseling before deciding on divorce. When those efforts fail, they’re often the ones who move forward with legal action.
Another factor is the mental load of managing households and childcare. Research shows women still handle more of the day-to-day family responsibilities, even when both spouses work full-time. A 2019 Bureau of Labor Statistics report found that only 20% of men did housework on an average day compared to nearly 50% of women. When this imbalance contributes to marital stress, women are more likely to decide enough is enough.
Does Filing First Give You an Advantage?
The short answer: sometimes, but not in the way most people think.
California is a no-fault divorce state. This means the court doesn’t care who files first when dividing property, determining custody, or awarding support. You won’t get more custody time or a better property split just because you filed the petition.
However, filing first does offer some practical benefits:
- You set the timeline and can prepare your finances, find housing, and consult with attorneys before your spouse knows legal action is coming
- You present your case first in court, which can frame the narrative
- You choose which county to file in if you and your spouse live in different counties
- You have more time to gather financial documents, open separate bank accounts, and protect your credit
Filing first also means you’re the petitioner and your spouse is the respondent. While this doesn’t affect the legal outcome, it does mean you’re leading the process rather than reacting to it.
When Filing First Matters Most
Filing first becomes more important if you’re worried about your spouse hiding money, running up debt, or moving assets. It lets you request immediate financial restraining orders, which prevents both parties from making major financial changes.
If domestic violence is a concern, filing first allows you to request a restraining order at the same time as filing for divorce. This can provide immediate legal protection for you and your children.
For business owners or high-asset individuals in Cerritos and throughout Los Angeles County, filing first gives you time to get accurate valuations of businesses, real estate, and investments before your spouse starts hiding or devaluing assets.
What Los Angeles County Couples Should Know
Los Angeles County has its own local rules and procedures that affect divorce cases. The county requires mediation for all custody disputes before you can go to trial. This process is free and helps many couples reach agreements without fighting in court.
LA’s high cost of living affects spousal support calculations. Judges consider the local cost of housing, childcare, and necessities when determining support amounts. What counts as reasonable support in Los Angeles differs significantly from other California counties.
Real estate holdings present unique challenges in LA divorces. With median home prices exceeding $900,000, many couples find that their house is their biggest asset. Deciding whether to sell or let one spouse keep the home requires careful financial planning.
Contact Our Cerritos Divorce Lawyers
If you’re considering divorce, talking to a Cerritos family law attorney should be your first move. A consultation helps you understand your rights, your options, and whether filing now or waiting serves your interests better.
Don’t wait until you’re in crisis mode to seek legal advice. The earlier you consult with an attorney, the better prepared you’ll be to protect your interests and make informed decisions.
Call RM Law Group, LLP at 888-765-2902 for a confidential consultation or fill out our contact form. We serve families throughout Cerritos and Los Angeles County.
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.
