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Should You File for Divorce Before Your Spouse?

On Behalf of | Oct 28, 2021 | Divorce

When a marriage has reached the point where divorce is the appropriate course of action, it can be difficult to decide how to begin. If you have decided to divorce your spouse, you may feel a sense of urgency to file first, perhaps due to television and films making you believe that this will provide an advantage. Whether or not this is the case depends upon the facts and circumstances of your situation.

A Long Beach divorce attorney from Furubotten Law can help you determine what the best options are in your case, and when filing for divorce will be most likely to lead to your preferred outcome.

California is a “No-Fault” Divorce State, and Either Party Can Initiate the Divorce

Filing for divorce is a decision that might take some time to decide upon, but once you are ready, getting started is not as difficult as it might seem. You want to first find an attorney who can guide you and handle the process on your behalf.

In the State of California, a “no-fault” approach is used, which means that a spouse can file for divorce without having a specific reason. In some states, particularly in the American south, the “fault-based” approach is still followed, which might require a reason such as domestic abuse, adultery, infertility, and other specified reasons. However, in the Golden State, you can file for divorce unilaterally, and if the other party refuses to particulate, the courts can still issue a default divorce.

Some people want to file first, as it gives them a sense of control over the process. However, you are often not at a disadvantage if your spouse files first. You must ensure that you have an attorney right away to file an answer if your spouse files the initial petition.

Connect with a Long Beach Divorce Lawyer Today

Whether you want to file a petition or need to respond to a petition ASAP, our law firm can help. Reach out to a Long Beach divorce lawyer at Furubotten Law today to schedule a consultation to discuss your case now.