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Thomas Swartz
Thomas Swartz, Lawyer
Category: Family Law
Satisfied Customers: 3044
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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Will a judge consider why the man filed for divorce and not

Customer Question

Will a judge consider why the man filed for divorce and not commonly the female? Will the question arise as to why this was so, as maybe statistically it is usually the woman who files?
Submitted: 16 days ago.
Category: Family Law
Expert:  Thomas Swartz replied 16 days ago.

Hello Dbordelon,

No. There are two grounds for divorce in California: (1) irreconcilable differences, and (2) permanent legal incapacity (basically insanity).

It is really the first ground that is the most common. And the court does not care who or why which parties files for divorce on the ground of irreconcilable differences. There is no fault placed on either party for irreconcilable differences, and thus, the court does consider why either the man or woman filed for divorce. The court will only be concerned that there is sufficient proof of irreconcilable differences.

Thomas

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