7 Advantages of Filing for Divorce First in California

Filing for divorce can be a daunting decision, but being the first to file can come with several advantages. In California, where the divorce process can be complex, understanding these benefits can help you navigate the legal landscape more effectively. Let’s dive into the seven key advantages of being the spouse who files for divorce first.

1. Choice of Jurisdiction

One of the most significant advantages of filing first is the ability to choose the county where the divorce will be filed. This choice can be strategically important, as different counties may have varying procedures, timelines, and even judges with different attitudes towards divorce cases. For instance, if you and your spouse live in Los Angeles County, you have the option to file at your local Branch Court or the central courthouse. While branch courts like Chatsworth or Torrance might have different processing times, filing in downtown LA can often lead to a faster resolution.

For contested divorce cases, attorneys may prefer downtown LA because it typically has more judges and consistent processing. This means that if your case is likely to go to trial, filing downtown could give you an edge, as you’ll be assigned to a full-fledged judge rather than a commissioner, who may not have the same level of experience.

2. Legal Preparedness

The spouse who files first is often more prepared legally. This spouse has likely consulted with an attorney and prepared the necessary paperwork in advance, which can give them a head start in the legal process. This preparedness can streamline proceedings, allowing for a more efficient handling of the divorce.

In many cases, the filing spouse has been contemplating the divorce for a significant period, allowing them to gather their finances and documents beforehand. In contrast, the other spouse may face a sudden shock upon being served with divorce papers, leading to a lack of preparation and emotional distress.

3. Control Over Timing

Filing for divorce first allows the petitioner to exert some control over the timing of court hearings and negotiations. This can be crucial if there are time-sensitive issues such as the need for temporary support or custody orders. For example, if you need spousal support or child support, being the petitioner enables you to file for a hearing and request these orders sooner rather than later.

In a contested divorce, this control can significantly impact your financial situation during the proceedings. As the filing spouse, you can expedite the process to ensure your needs are addressed in a timely manner.

4. Psychological Advantage

Being the first to file can create a psychological advantage. It can give the impression of being proactive and prepared, which may influence negotiations and how the court perceives the case. While the legal system itself does not favor the petitioner, the psychological effect of being the one who initiates can be significant.

For some, filing first can symbolize taking control of the situation, especially if they feel aggrieved by their spouse. This sense of initiative can shape the narrative during negotiations and may help in framing issues more favorably.

5. Requesting Temporary Orders

Upon filing for divorce, the petitioner can immediately request temporary orders for issues like child custody, child support, and spousal support. These orders can provide essential financial stability during the divorce process, ensuring that the needs of both the spouse and any children are met while the divorce is finalized.

While the respondent can also request temporary orders, they can only do so after they have been served and have filed their response. This delay can be detrimental, especially in urgent situations where immediate support is necessary.

6. Momentum and Initiative

Filing first can set the tone for the divorce proceedings, conveying a sense of initiative and control. This can shape how both parties approach the case and may influence how issues are framed during negotiations. The petitioner has the opportunity to present their case first, allowing them to establish the narrative they wish to convey to the court.

Even in amicable divorces, the act of filing first can demonstrate a commitment to moving forward, which may encourage both parties to engage in productive discussions rather than becoming entrenched in conflict.

7. Familiarity with the Process

The spouse who initiates the divorce may have a better understanding of the legal process, which can be advantageous in navigating the complexities of divorce law. This familiarity often comes from consultations with attorneys and research into what to expect during proceedings.

Having this knowledge can empower the filing spouse to make informed decisions and advocate for their interests more effectively. In contrast, the respondent may find themselves overwhelmed by legal jargon and procedures, making it more challenging to navigate the situation.

Conclusion

While there are clear advantages to being the first to file for divorce in California, it’s important to recognize that these benefits do not guarantee a favorable outcome. The final results of a divorce depend on various factors, including the specific circumstances of the case and the cooperation of both spouses.

Regardless of who files first, seeking legal counsel is crucial. A knowledgeable attorney can guide you through the process, ensuring that your rights are protected and that you make informed decisions. If you’re considering divorce, don’t hesitate to reach out for assistance. It’s essential to approach this challenging time with the support and guidance you need to navigate the complexities of divorce successfully.