Does it matter who files for divorce first in California? Written By Sandra McCarthy Founder, A People’s Choice Fact Checked In California, it does not matter who files divorce first; meaning, if your spouse filed for divorce first, it does not impact the case. Unlike other states, it does not matter if a spouse was involved in adultery or why a party wants a divorce. The majority of divorce are filed simply due to the parties having “irreconcilable differences”, meaning California is a no-fault state. By Sandra McCarthy|December 3rd, 2017|Divorce FAQs|Comments Off on Does it matter who files for divorce first in California?