Legal Question in Family Law in California
My ex husband just served me for divorce, now is that bad on my side since he served me?
3 Answers from Attorneys
No. There is absolutely no relevance to who files as petitioner and who as respondent.
When talking about a standard divorce with no kids and no major issues, I have not found this to be a disadvantage. The only time I think it matters is when someone makes allegations that, if they were true, it seems they would have filed first. Community property and assets are split equally, so it makes no difference, in my experience.
It makes no difference whether you are the petitioner or the respondent. Please keep in mind that you have 30 days from the date you were served to file a response to your husband's petition for dissolution of marriage. If you don't file within that time frame, your husband could take your default and your property rights could be adversely affected.