Are There Any Advantages To Filing For A Divorce Before Your Spouse?

In the majority of cases, there are no disadvantages or advantages to one spouse filing prior to the other. In some cases, however, there can be an advantage to filing first.

When a person files for dissolution, they are the ones that initiate the case and become the Petitioner in the matter. The Petitioner must then serve the other party. The other party, who is the Respondent, must respond to the Petition within 30 days after proper service. If the Respondent does file a response, then the Petitioner may move forward and obtain a default judgment on the case.

Additionally, if your spouse lives out of state. Let’s say, for example, you live in California and your spouse lives in New York. Filing for dissolution first in California and serving your spouse first, will strengthen your argument that the case should be heard in California versus New York, since California obtained jurisdiction over both you and your spouse prior to New York.

As stated, in a majority of the cases it will not make a difference whether you are the Petitioner (filing party) or the Respondent. It is always a good idea to speak to an attorney prior to filing to determine whether it will make a difference in your specific face.

What Options Do Couples Have When Proceeding With A Divorce In California?

There are a variety of options available to be you when you are proceeding with dissolution. Some parties choose to go through mediation, some go through mediation and choose to have their own individual consultation attorneys, and others choose to have their own attorneys that represent them throughout the entire case.

When you go through mediation, the mediator does not represent either you or your spouse. Their job is to inform both of you as to what the law dictates and help the two of you arrive at a resolution.

When you have your own attorney representing you, that attorney only has your best interests in mind. They do not counsel or guide your spouse, only you. Their job is to advocate for you and your rights. Having your own attorney does not mean that you will have to litigate your case. Attorneys can work on settlement negotiations and hold settlement conferences if your preference is to settle the case rather than litigate it. The benefit to this is that you have an advocate for you, while still working amicably with your spouse to efficiently resolve your case. The best method for you will be determined by your specific situation and the complexities of your case.

What Is The Process Of A Typical Divorce In California?

A dissolution process starts with the filing of a Petition. The filing party is referred to as the Petitioner throughout the case. The other party is known as the Respondent. Once a Petition is filed, it is then served on the Respondent. The Respondent will then have a chance to file a Response to the Petition within 30 days. If a response is filed that means that both parties have now “appeared” on the case, and the court has jurisdiction to make orders over both parties.

After the parties have “appeared” in the case, the parties will exchange required Preliminary Declarations of Disclosure. These documents provide the other party with a full disclosure of each party’s assets, debts, income and expenses. There may be required motions and discovery to be conducted if the information is withheld.

Once the Preliminary Declarations of Disclosure have been exchanged, the parties may begin settlement negotiations. These negotiations will lead to the Settlement Agreement and once filed and signed by the Court it will become the Dissolution Judgment. If the parties do not choose to amicably settle the case, or there are urgent issues that need to be addressed, they can go the litigation route, using the Court to make orders.

Once the case has started, either party may file a Request for Order, which requests that the Court make certain orders pertaining to all different issues of family law. A Request for Order once filed, will get set for hearing. At the hearing, the parties shall appear and state their case, ultimately resulting in either an agreement or court orders. The parties do not have to wait for the Preliminary Declarations of Disclosure to be exchanged prior to filing a Request for Order.

If there are emergency requests for orders involving issues of child abduction, domestic violence, or other urgent matters as defined by the Family Code, then either party may file what is called an Ex Parte Request For Order, which is heard more expeditiously.

If the parties are ultimately unable to settle all or some of the issues, the matter will be set for trial. The trial will determine the orders contained in the Dissolution Judgment.

For more information on Filing For Divorce In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (866) 651-6118 today.