Some people think that they need to be the ones who file first for divorce in court in order to gain an advantage. Based on how the divorce process works, we can tell you with confidence that it really does not matter who files for divorce. If there is a contested matter, the court will consider both points of view equally in reaching their decision.
California allows for a no-fault divorce. In a large majority of divorce cases, the spouses are filing for divorce without alleging that the other spouse did something wrong. Without fault being alleged, it does not matter who initiates the divorce case. The court would eventually grant the divorce and decide any contested issues.
While filing first for divorce would not grant you any legal advantage in the case, there are reasons why you would want to file to open the case. The main advantage of filing for divorce is that the court would automatically issue a restraining order that would prevent either spouse from transferring assets. In this case, filing for divorce would protect you from having the other spouse clean out your assets.
You may also want to file first if you live in a different county or jurisdiction than your spouse. Then, you may end up in a court that is either closer to your home or one that you perceive to be a better jurisdiction for you. An experienced divorce attorney could advise you on whether to file for divorce and where you should do it.
Call a Sacramento Family Law Attorney
The Mason Law Office can help you with the legal and tactical aspects of your divorce, bringing our experience to bear to help you. Call us today at 833.770.1372 or message us online to discuss your matter.