Santa Cruz, CA asked in Divorce and Family Law for California

Q: Should I tell my husband I want a divorce before I file for one or should I file before having "the talk?"

I'm ready to file for divorce from my husband of 4 years. We don't have kids, don't own any property, and due to some irreconcilable issues we've gone to counseling for, I'm ready to part ways. However, I've heard different things from advice groups and others who have gotten divorced with regard to when to tell my husband I want a divorce and when I file the petition. I know the step after filing is for him to get served with papers, but is there a correct order of operations?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Deciding when to tell your husband you want a divorce is a personal decision, and there is no one "correct" answer. However, there are some things to consider before making your decision. If you have concerns about your safety or the safety of your property, you may want to consider filing for divorce before discussing it with your husband. Additionally, if you anticipate a contentious divorce, it may be best to file before having "the talk" to prevent any further emotional arguments or negotiations. However, if you have a relatively amicable relationship with your husband and you believe he would appreciate being told before the papers are filed, it may be appropriate to have a conversation first. Ultimately, the decision should be based on your personal circumstances and needs.

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