Legal Question in Family Law in California

That is a very good question and one that must be asked in every divorce case. There is also no single right answer. It depends entirely on the two people involved, their marital situation, and how the person filing wants (and can realistically expect) the other spouse to respond. When a family law client comes to me, one of the key things I do in the first or second meeting is make an evaluation of whether and when to notify the other spouse that I have been retained and a divorce filing is going to, or has happened. In some cases there is reason to believe the element of surprise is essential, and we will even do some transferring of assets and other preparation before we file, get emergency restraining orders and then spring the whole thing on the other spouse. Of course that pretty much guarantees a scorched earth scenario for the rest of the case. The most common timeline if they haven't done this already is I have the client tell the other spouse they want a divorce, and they sit down (often with a marriage counselor) and work out arrangements for one of them to move out, divide up cash on hand so each has some support, and then I file. I then call the other spouse, introduce myself, and try to arrange service of process without surprise or embarassment. In a few cases the parties are cooperating well and we coordinate filing with the other spouse's attorney so we can collaborate on simply working out a new life for both spouses that is fair to both and focuses on their children if any. So, the answer to your question, unfortunately, is "it depends."