The timing of a divorce submitting in California typically doesn’t impression the division of property or little one custody preparations. California is a “no-fault” divorce state, that means neither partner must show wrongdoing to dissolve the wedding. Belongings and liabilities acquired in the course of the marriage are usually divided equally no matter who initiates the method. Equally, custody selections are based mostly on the most effective 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 doubtlessly 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 concerning property or custody, understanding the nuances of California’s divorce legal guidelines stays essential. Being first to file can present a small strategic edge, significantly in instances involving complicated 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 scale back acrimony. This variation displays a broader authorized development towards prioritizing equitable distribution of marital belongings and the well-being of youngsters.