2 Big Reasons Why You Should File First for Divorce


2 Big Reasons Why You Should File First for Divorce


If you’ve been thinking about divorce, the thought of “should I file first?” has probably crossed your mind. In this issue, the San Diego men’s divorce lawyers with the Men’s Legal Center will talk about if there really are advantages for being the first to file.

Should I file first for divorce?

It’s important to remember that California is a no-fault divorce state. In fact, as it does in many areas, California led the nation when it became the first state to adopt no-fault divorce laws in 1969. In a nutshell, no-fault divorce means that as long as one of you wants a divorce, there’s very little the other can do about it.

You’re not a “bad guy” if you’re first to file divorce papers. The only label applied to you is that of “petitioner,” and that’s only for legal purposes since it’s the identifier for the person who presents forms that launch a legal proceeding.

What are the advantages to filing first for divorce?

If your divorce case proceeds to court, issues like the division of debts, assets; orders for spousal and child support; custody arrangement; residence requirements, and others will most likely be decided upon equal lines – barring extreme circumstances.

However, as with most things, there are certain exceptions.

  1. If you and your soon-to-be former spouse live in different cities or states, the location of the person filing first will decide the jurisdiction in which the case is heard. Therefore, filing first eliminates a lot of potential travel time for the other party.
  2. You can prevent your partner or spouse from liquidating shared assets (bank accounts, property, etc.) by filing first, which triggers an Automatic Temporary Restraining Order (ATRO). Once begun, the ATRO locks down your assets and prevents their liquidation.

If divorce is on your mind, call the San Diego men’s divorce lawyers at the Men’s Legal Center.

If you’re a man thinking of divorce, we want to talk with you about your options. Here at the Men’s Legal Center, we’re only interested in making sure men have access to the resources and knowledge they need for the best possible outcome in family court.

You can reach us at 619-234-3838 or via email.


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