The timing of a divorce submitting in California usually doesn’t impression the division of property or baby custody preparations. California is a “no-fault” divorce state, which means neither partner must show wrongdoing to dissolve the wedding. Property and liabilities acquired through the marriage are sometimes divided equally no matter who initiates the method. Equally, custody selections are primarily based on one of the best pursuits of the kid, not on who filed first. Nevertheless, the filer positive aspects a slight procedural benefit, being the primary to current their case and probably setting the tone for subsequent proceedings. For instance, they select the county the place the divorce is filed.
Whereas the act of submitting itself doesn’t considerably alter the end result relating to property or custody, understanding the nuances of California’s divorce legal guidelines stays essential. Being first to file can present a small strategic edge, notably in circumstances involving advanced asset portfolios or contentious custody disputes. Traditionally, fault performed a job in divorce proceedings, however the shift to a no-fault system aimed to streamline the method and cut back acrimony. This variation displays a broader authorized pattern towards prioritizing equitable distribution of marital belongings and the well-being of kids.
