Is it better to file first?

Is it better to file first?

California is a no-fault divorce state, which means that it doesn’t really matter who files for divorce first. Since no one has to prove any “reason” for the divorce aside from “irreconcilable differences,” being the first to file for divorce doesn’t impact the divorce either way.

Why does my husband want me to file for divorce first?

There is no particular advantage or disadvantage in most states. The court does not care whose fault it is or who wants the divorce. The sole function of the court is to resolve the economics of the case and any issues with regard to children…

Does it matter who files first in a divorce?

By filing first you are the plaintiff and she will be the defendant. At trial, if your divorce case goes that far, you would go first. In deciding when to file you don’t need to worry about a reason. This means the reason for the divorce doesn’t matter.

How can I make my husband leave the house?

To legally kick your husband out of the house, California law has certain requirements. It requires a showing of assault or threatened assault if the request is made on an emergency basis. It also requires potential for physical or emotional harm if the request is made on a non-emergency basis.

Can a woman get alimony if she filed for divorce?

Alimony and maintenance: As per the law, every married woman is eligible to get maintenance from the husband after divorce. Maintenance can be interim maintenance, which is the amount given to the wife during the course of the case.

What are the advantages of filing for divorce first?

The Advantages of Filing First. Properly prepare for the divorce – If you are the first to initiate a divorce, you will most likely have time beforehand to obtain the proper legal representation, as well as the appropriate documents and papers. It can also stop your spouse from hiding money or assets before the break up.

When is it best to file for divorce first?

In especially fraught relationships, when you know your ex will retaliate, it might be beneficial to file first, thus catching them off guard. There are, of course, other pros for submitting a divorce petition first. Have a Say in Divorce Proceedings – The spouse who files first may have the chance to decide when court dates are established.

What are the pros and cons of filing for divorce?

By initiating the divorce, you can acquire separate property and assets sooner. Immediate Relief – If you are involved in an unstable relationship, where your spouse has moved out and is not helping with the bills or refuses to let you see the children, filing for divorce can offer quicker relief.