Are there any advantages or disadvantages for the individual that files first for divorce?

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Are there any advantages or disadvantages for the individual that files first for divorce?

I’m being forced out of a marriage by my wife, however, I feel there is not chance of reconciliation between us and divorce is imminent. Also, my wife has already filed her taxes months ago without my knowledge. Will this action work against me or her?

Asked on March 27, 2012 under Family Law, California

Answers:

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

Except the names of the party in the action, there is nothing against you one way or the other. If you file first, you will be the petitioner. If not, you will be the respondent. That is all. California is a no fault state so who is filing first really does not make a difference.


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