Should I File for Divorce First in California?
If you are approaching divorce in California, you might be wondering whether or not you should file first. Perhaps you believe that you will enjoy an advantage if you preemptively file for divorce before your spouse. Maybe you think that the element of surprise is important from a legal perspective. Whatever the case may be, it is important to separate fact from fiction as you seek to end your marriage in California.
Filing First Provides No Legal Advantage in a No-Fault State Like California
The first thing you need to understand is that California is a “no-fault” state. In other words, you do not have to give the courts a specific reason in order to file for divorce. You can simply state that the marriage is not working out, file for divorce, and move forward in a streamlined manner. In other states, you may instead file for a “fault-based” divorce. This essentially involves accusing your spouse of some kind of wrongdoing – including adultery, abandonment, substance abuse, and so on.
Filing first provides no legal advantage in California because neither spouse accuses the other of wrongdoing. In a fault-based State, a spouse would theoretically gain an advantage if they were the first to accuse the other of misconduct. This accused spouse would become the “defendant,” and they would need to defend themselves in court against such allegations.
In California, one spouse may be labeled as the “respondent” or “defendant” as a formality. The spouse who files for divorce, on the other hand, is called the “plaintiff.” Other related terms include “respondent” and “petitioner.” Although neither spouse will accuse the other of wrongdoing when filing for divorce, these individuals may make allegations of fault during the legal proceedings that follow. For example, one spouse might claim that the other has endangered the children while fighting for custody.
Filing First May Still Provide Certain Advantages
With all that said, it may still be advantageous to file for divorce first in California. Filing first allows you to choose a specific time that could be more beneficial to you. You might also have more time to prepare alongside your divorce attorney before filing. On the other hand, your spouse may be forced to engage in a divorce at a less advantageous time – and they may be relatively unprepared for the legal process compared to you.
To learn more about these potential advantages, consider a consultation with a divorce attorney in Southern California. These meetings are completely confidential, and you are under no obligation to actually move forward with a divorce if you change your mind.
Find a Qualified Divorce Lawyer in Southern California
If you have been searching for a divorce lawyer in Southern California, look no further than the RM Law Group, LLP. While the family courts in California may not care who files first, you may still enjoy certain advantages if you get a head start on your spouse. The first step is simple: Call us at 866-706-3160 or book a consultation with us today. During your consultation, you can discuss the most appropriate course of action in more detail.
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.
