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.
Does it matter who files for divorce first in California?
About the Author: Sandy McCarthy
Sandra M. McCarthy, founder of A People’s Choice, has worked exclusively in the legal field since 1976. She served as the 2004-2005 President of CALDA (California Association of Legal Document Assistants). She obtained a Paralegal Certificate from the University of California, Santa Barbara. During her career in the legal field, she has worked as a freelance paralegal, law office manager and paralegal studies teacher, and has co-authored numerous legal publications and written hundreds of self-help legal articles. Sandy is dedicated to the expansion of affordable, low-cost, self-help document preparation.