Who Initiates the Majority of Divorces?


Pasadena divorce lawyers know that the popular perception is often different from reality. For example, despite media portrayals of wives left devastated by their husband's sudden request for a divorce, most divorces are actually initiated by women. Studies show that women initiate 2/3 of divorces. If you narrow the sample to only include middle class couples who are college educated, the number climbs to almost 90 percent.

One factor that may be influencing the rise in women asking for divorce is the growing success of women in the workplace. As women become more financially independent, they realize that they don't need to stay in an unhappy marriage for the sake of money alone. A woman who does not fear a decline in her standard of living has a bigger incentive to throw in the towel than a woman who has been a homemaker throughout her marriage.

Since no-fault divorce is standard in California, it does not matter from a legal perspective who files for divorce. Both spouses are treated equally, regardless of who initiated the divorce. Infidelity, which is a commonly cited reason women file for divorce, is irrelevant as far as the distribution of martial assets is concerned. Even if there is a prenup with a clause addressing infidelity, it will likely be hard to enforce.

One thing that women who are contemplating filing for divorce should be aware of is that it's no longer assumed that a mother will be awarded custody of the kids and be allowed to remain in the marital home. Joint custody is widely seen as in the best interest of the children.

Women are being asked to pay spousal support in greater numbers as well. If you earn significantly more than your husband or he took time out of his career to be a stay-at-home parent, you may find yourself writing support checks each month. However, the law states that a victim of domestic violence should not be forced to pay support to her attacker.

How Can We Help?

Please call our office at (626) 683-8113 or email us at info@PasadenaLawOffice.com if you are in thinking about filing for divorce. Our skilled Pasadena family law lawyers can handle a variety of concerns, including issues relating to child custody and the payment of spousal support.