Initiating dissolution proceedings in California involves one spouse formally submitting a petition to the court, signaling the start of the legal process to end the marriage. A common question arises as to whether the timing of this initial filing significantly impacts the overall outcome of the divorce. Many individuals believe that being the first to file offers a strategic advantage.
The perception of benefit often stems from the idea that the initial filer has more control over the narrative presented to the court. Historically, and in some jurisdictions, this could be true, potentially influencing temporary orders or the initial tone of the case. However, California operates under no-fault divorce laws and community property principles, minimizing any inherent advantage simply from being the first to file. The focus shifts towards equitable distribution of assets and liabilities and determining other aspects of the divorce based on established legal criteria, rather than on who filed first.
