Once someone in California has decided to end their marriage, they may want to be proactive about being the first to file for divorce. In addition to ending a marriage that cannot be salvaged sooner rather than later, there are also benefits associated with being the first to file. Whoever files for divorce first will be able to choose where the divorce is adjudicated, be able to collect important financial documents and determine their legal team.
When a couple has separated and lives in two different states, whoever files first is able to determine which state the divorce is heard in. Since each state has its own laws regarding child and spousal support and asset division, the person filing first is able to determine which state is better for their case. Additionally, those who file first have more time to gather financial documents and bank statements that are often important to dividing marital property.
Further, credit and bank accounts are often easier to open while someone is still married, which is why people may want to open them before their divorces go through. Knowing when a divorce will be filed will give someone a timetable to work with. Those going through a divorce will also want to start saving money to cover living expenses and court costs.
People in California who are getting divorced or who are considering getting divorced may also want to consult divorce attorneys. An attorney could help them understand the filing process in their state and represent them in court if the need arises.
Source: Forbes, “What Are The Financial And Legal Advantages Of Being First To File For Divorce?,” Jeff Landers, March 26, 2013