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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12348
Experience:  Attorney experienced in all aspects of family law
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My husband wants a divorce (I dont) and he wants me to file.

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My husband wants a divorce (I don't) and he wants me to file. I just want to know what the advantages or disadvantages are of me filing. We live in the state of California.
Hello there:

In California, it is irrelevant which spouse files first; neither is given any advantage or right by filing first. That said, if you do not want to divorce, you should really consider making him file--he needs to take ownership of his decision.

I hope that this helps you to understand the law in your situation. Let me know if I may be of further assistance. Thank you.
Customer: replied 5 years ago.
That is the problem I'm having...He refuses to I just do it to get it over with or keep waiting in limbo?
That's a personal decision, but just from a logical perspective, if you don't want to divorce, why file? It's like not want to watch a movie, but you get into the car and drive to a movie theater. I don't know the man so I have no way of knowing if he is not doing it because he is just too cowardly to do it himself, but it is my opinion that if he wants out of the marriage then he needs to be the one to make it happen. You can't file for divorce without declaring under penalty of perjury that irreconcilable differences have arisen in the marriage, and if you don't want the marriage to end then you also have to ask yourself if that is something you can say in earnest.
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