Does it Matter Who Files for Divorce First?

Filing for divorce can be complicated—both emotionally and legally. 

Among the questions people ask before or during the separation process is, “does it matter who files for divorce first?”

Read on to find out how this question applies to divorcing or separating couples in California and what a Rancho Cucamonga divorce lawyer can do to help. 

Does It Really Matter Who Asks for a Divorce in California?

It’s normal to wonder if there’s any distinct legal advantage to filing for divorce first. In reality, this can depend on the state and legal jurisdiction in which you live. 

For Californian couples, there is no clear benefit to jumping the gun and filing first—although some minor distinctions will be noted.

Perhaps the most important consideration for filing a divorce yourself is whether you become the “petitioner,” or the person who asked for the divorce; or the “respondent,” i.e. the person who receives the divorce summons. 

Although the petitioner will get the chance to make their case first during divorce proceedings, there doesn’t seem to be any clear advantage to doing so—given California is a no-fault state for divorces. 

In fact, initiating the divorce request only appears to award fringe benefits to the petitioner. One of these is allowing your divorce lawyer to get a head start on freezing jointly held assets, if you happen to be worried about your ex selling off and disappearing. 

Whether you’re the petitioner or the respondent in a divorce case, the legal aspects of a divorce will be challenging. Fortunately, an experienced family lawyer can help you every step of the way. 

Contact a Top-Rated Family Lawyer Today

When you’re going through a divorce, you need an attorney who can help you protect your rights. At The Law Office of Laurence J. Brock, a family law specialist can help you safeguard your new future. 

Call us at 909-466-7661 or fill out the form below to get started.