Is it better for the wife to file for divorce?
One of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side.
What happens if your spouse won’t sign divorce papers in California?
The fact is that California is a no fault state and you do not need your spouse’s signature in order to get a divorce. If your spouse fails to file and serve you with a response, you can file a request for default against your spouse after 30 days. You can also file a proposed judgment for the court to approve.
Can a divorce be declined?
If a judge does not find enough evidence to support your claim of fault, the request for an at-fault divorce may be denied. So, if your original filing is rejected, you would have to refile your request using the no-fault option if you still want to proceed with the divorce.
Who gets the house in California divorce?
When a divorce case goes to a judge to decide, he or she will split all community property down the middle. The judge will allocate 50% of the community property to one spouse and 50% to the other.
How long do you have to be married to get half in California?
Under California Law, the general presumption for duration of support is “one-half the length of the marriage,” for marriages of fewer than 10 years. This means that if you were married for six years, the judge has the right to limit alimony for one-half of the marriage if the need exists (three years).