Legal Question in Family Law in California
What if you BOTH file for divorce? - Bizarre circumstances here
This is an odd one. I filed for dissolution of marriage but had my wife served
by mail with a ''voluntary'' acknowledgement for her to sign, in order to save
her embarrassment of being served at work. Trying to be nice.
Instead, she ignored the mail, and three days after receiving it, had her
attorney file for dissolution. I have never heard of such a thing. At this point,
neither of us has been served, and I am avoiding answering the door. I know
there is no legal benefit either way, but it is important to me that it go on
record that I filed, as it is the result of her having an affair.
What happens if I am served first? Does that mean that from that point on
the case number is the one where she filed? Or are they consolidated? Or
what? I am laying low until I know what to do.
3 Answers from Attorneys
Re: What if you BOTH file for divorce? - Bizarre circumstances here
California is a no-fault divorce state. Why do you want it to be known that you filed first? It is public record that you did anyway and it is really meaningless. No one gets anything extra by winning the race to the courthouse.
Re: What if you BOTH file for divorce? - Bizarre circumstances here
You situation is not that unusual. The usual procedure is for the court join the two cases under one case number. The choice of which number is within the discretion of the court. Often the first number is the number used. However, as the other attorneys states there is no advantage in being the one to file.
Reply: What if you BOTH file for divorce? - Bizarre circumstances here
Since California is a no fault state, her infidelity is of no legal consequence, and as a result, being the first to file is generally of no legal consequence unless you live in different counties and it is more convenient to litigate in one as opposed to the other. It is not who filed first but in which case was the other person served first.
For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will find some valuable information on various California family law issues by visiting my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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