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In California, all divorces are no-fault divorces. In other words, all California divorces are due to “irreconcilable differences.“ Although the person who files for divorce is called the petitioner and the other person is called the respondent, there is no overwhelming advantage in being the first to file. There may, however, be minor advantages that influence your decision.

When you file for divorce in California and serve your spouse with a copy of the petition, an automatic temporary restraining order goes into effect. If you’re concerned that your spouse will move your children to another state or mess around with your assets, it may be to your advantage to file for divorce first.

If you and your spouse live in different California counties, serving your spouse first will guarantee that the county you live in will have jurisdiction over your case. This can be more convenient for your attorney, and therefore less expensive for you. In addition, as the petitioner, you are allowed to be heard first in court proceedings and mediation, and can also have more control over court dates and other legal activities.

Because California is a community property state, the value of assets is determined by the date you and your spouse separated. If you aren’t already legally separated, filing for divorce can help to pinpoint a legal date of separation.

If you’re ready to file for divorce or have been served with divorce papers, call Griffith, Young & Lass at 858-345-1720 for a free consultation.

Meet Your Dedicated San Diego Family Attorneys
Family Attorney John N. Griffith, CFLS
Family Attorney John N. Griffith, CFLS

Family Attorney, John N. Griffith, CFLS

John Griffith has practiced exclusively in the area of family law since 2009. John is a Certified Family Law Specialist certified as an expert in the area of family law by the California Board of Legal Specialization.

858-345-1720
john@gylfamilylaw.com

Family Attorney, Catie E. Young, ESQ.
Family Attorney, Catie E. Young, ESQ.

Family Attorney, Catie E. Young, ESQ.

San Diego family lawyer Catie Young has a wide range of litigation experience. She has worked in civil litigation. She has successfully represented clients in many areas of family law including child support, child custody, divorce and domestic violence. She has a unique approach to each child custody case, so clients of Griffith, Young & Lass tend to gravitate toward her in these cases.

858-345-1720
catie@gylfamilylaw.com

Family Attorney Amy J. Lass, Esq.
Family Attorney Amy J. Lass, Esq.

Family Attorney, Amy J. Lass, Esq.

Amy Lass was born in New York and raised in San Diego, California. Amy graduated from Cal Poly, San Luis Obispo in 2003 with a B.S. in Economics with a concentration in Enterprise Accounting and went on to earn her law degree from Thomas Jefferson School of Law and graduated cum laude in 2006. Amy takes a practical and cost considerate approach to the process while striving to balance the emotional needs and objectives of her clients.

858-345-1720
amy@gylfamilylaw.com

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The Typical Divorce Process in California
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I am beyond grateful for the entire staff at Griffith, Young, and Lass. I don't even call myself a client anymore, they are my friends that protected my family and fought with me, side by side.-Erik H., San Diego