Providing Divorce Mediation Services Throughout California
You’re looking at divorce paperwork, thinking to yourself: does it really matter if I file first in California?
This guide will explain what it means to file for divorce first in California and provide valuable tips.
You’ll also understand how the no-fault system operates, separate myths from reality, and assess if filing the paperwork first is beneficial to your case.
We will resolve the confusion together so that you can make an informed decision about when to file first for divorce.
Want to talk to California’s Top-rated Super Lawyer and expert mediation attorney, Dina Haddad to know if filing for divorce matters? Book a free consultation Today.
Filing first in California doesn’t give you an advantage, but it does shape parts of the divorce process. California’s no-fault system provides equity, regardless of who initiates the divorce.
Also, California doesn’t give you an automatic divorce, no matter how long you have been separated. You need to follow the state’s due process in order to legally dissolve your marriage.
California’s no-fault divorce system gives each spouse the option to file without proving fault. California Family Code Section 2310 states that claiming irreconcilable differences is sufficient reason to end the marriage.
For the case to be valid, one spouse must fulfill the residency requirement of having lived in California for at least six months and in the county of filing for three months. Being the first to file may set the tone for the case and may ensure timely proceedings.
While California doesn’t consider fault in divorce, some states do. For example, in Texas and New York, adultery and cruelty are grounds for divorce, so being the first to file may help strengthen your case.
There may be benefits to filing first, such as controlling the narrative and influencing court decisions.
Read More: 10 Misconceptions about Adultery and Divorce.
In California, filing first does not change anything with regards to child custody, support, or even the division of property.
All courts are bound to work within the limits of the best interests of the children and the fair sharing of property between parents, irrespective of the filing party.
In this case, however, there are practical advantages that come with being the petitioner like choosing the jurisdiction and being better prepared for legal proceedings.
In contested divorces, particularly in the more difficult cases, filing first can offer notable advantages. It puts you in control of the proceedings and guarantees that you are ready for challenges that may be thrown your way.
Some complex situations where filing first may be advantageous include:
Read More: Can You Move out of California with Child and no Custody agreement?
In the case of an uncontested divorce, proceeding first is not always required, but can still have some positive effects. In cases where mediation or online divorce tools are used, filing first helps you start the process and set the pace of the divorce. In simple terms, if you want everything to be done on time without unnecessary delays, filing first can help.
Read More: Contested vs Uncontested Divorce
Yes, In California, both spouses can file jointly for a divorce, which simplifies things in cases where couples have mutual arrangements.
This is a more peaceful and friendly method of dissolving the marriage.
To ensure things move smoothly in an uncontested divorce, ensure you and your partner communicate regularly.
These conversations should focus on agreeing on important factors to reduce delays, costs, and stress during the proceedings.
Filing first has its advantages and disadvantages based on your situation and case details.
If you’re filing for divorce first, here are some benefits you can expect:
Psychologically, being proactive alleviates stress, giving a sense of confidence and control during these hard times.
On the other hand, filing first has its disadvantages, and these include:
Carefully weighing these factors can help determine whether filing first serves your objectives and circumstances.
Depending on your situation, you may have reasons to file for divorce first. If you’re concerned about financial security, filing first allows you to request temporary orders for spousal or child support early in the process.
For those in high-conflict situations, such as domestic violence, filing first can provide quicker access to protective measures.
Additionally, if you anticipate disputes over property or custody, being the first to file gives you more time to prepare your case and gather necessary documentation.
If you want to avoid filing first or the pressures of starting a divorce, consider consulting with a legal professional like Dina Haddad to determine whether you and your spouse can file together or if you do need to file first.
Filing first in California doesn’t guarantee a legal advantage, but it can offer practical benefits like control over timing and preparation.
If your case involves complex financial matters or custody disputes, filing first may help.
Ultimately, the best choice depends on your situation—consult a legal expert to make an informed decision.
Book a Free Consultation with Family Law expert, Dina Haddad, today for a seamless divorce process!
Studies suggest that women are more likely to initiate divorce in California, as well as in many other states. This trend is often linked to financial independence and dissatisfaction in marriage.
In California’s no-fault system, the reason for divorce doesn’t affect the outcome. However, filing first can provide strategic advantages, such as setting the timeline and preparing legal documents in advance.
Being the plaintiff (the one who files first) allows you to present your case first in court, which can be beneficial in contested divorces. It also gives you control over jurisdiction and timing, but it comes with additional responsibilities, such as covering initial filing fees.
Families First Mediation is a pioneer in the field of divorce mediation. Our entire divorce mediation team takes great pride in being active trainers, divorce mediators and teachers of mediation in the greater California area. If you are considering a collaborative divorce, legal seperation or looking for a san jose divorce lawyer we have services that may be beneficial to you. Take advantage of our vast expertise and background in the field of divorce mediation and our genuine desire to help with your divorce mediation services.
