California Divorce in General

• Unlike some other states, California does not require a showing of fault for parties to dissolve their marriage. For example, proof of infidelity or spousal abuse is not necessary in California in order to get divorced. For this reason, California is sometimes referred to as a "no-fault" state. As part of the divorce judgment, a court can make orders regarding the division of property, spousal support, custody of the couple's minor children and child visitation. California is a community property state, meaning that, as a general rule, all property acquired by either spouse during the marriage belongs to both spouses in equal shares. No advantage regarding property division, spousal or child support, or child custody and visitation is given to the spouse who files for divorce first.
  
  

Serving Divorce Papers

• The spouse who files for divorce is responsible for having the other spouse served with a copy of the divorce paperwork. California recognizes four types of service: personal service, substituted service, service by mail and service by publication. Personal service must be attempted first. If after three unsuccessful attempts to serve the spouse personally, service can be made by substituted services, which generally means leaving the paperwork with someone at the spouse's residence or office and mailing a second copy to the spouse. Service by mail means mailing a copy of the divorce paperwork and a second document called a "Notice and Acknowledgment of Receipt" to the spouse, who must sign and return the second document. If the spouse cannot be located after a reasonable attempt to locate and serve her, service may be made by publication in a newspaper likely to be seen by the other spouse. Court permission is required for service by publication. Regardless of the method used, the spouse who files first is not allowed to serve the paperwork, so a process server may have to be hired. By contrast, the spouse who is served with the paperwork can simply mail his own divorce response paperwork to the filing spouse.
  
  

Choice of Venue

• Choice of venue means in which county the divorce case will be handled within the state of California. A divorce can be filed in the county where either spouse resides. A spouse who files for divorce first can choose whether to file in her own county or in the county in which the other spouse resides. For spouses who live in the same county, the divorce may only be filed in that county. For spouses who live far apart and in different counties, the filing spouse has the advantage of filing in his or her own county to minimize the travel time to court. However, the other spouse can ask the court to transfer the case to a different county, but this is rare and does require a court appearance.
  
  

Potential Psychological Advantage

• The act of filing for divorce is usually preceded by a lengthy consideration of the benefits and disadvantages of ending the marriage. It is not uncommon for spouses to have discussed the possibility of divorce for years. In these cases, a threat by one spouse to terminate the marriage is often seen by the other spouse as unrealistic and can make negotiating matters regarding property and children unproductive. Once the divorce paperwork is filed, the filing spouse often receives a psychological advantage, because an actual divorce is now imminent. A once uncooperative spouse is often more likely to negotiate a mutually agreeable settlement once divorce papers have been filed and served. In addition, because the possibility of divorce is now a reality, the parties are sometimes able to reconcile their differences and avoid a divorce.