Going through a divorce is never easy, and you can never fully prepare in advance for the emotional or financial stress ahead. Legally, in Colorado, it doesn’t matter who files for divorce first. The first person to file for divorce will not automatically have a stronger case or different rights. The courts will grant equal consideration to the claims made by the petitioner and respondent. However, being the first to initiate divorce proceedings can have some potential benefits.
3 Potential Benefits of Filing Divorce First
If you decide to pursue legal action to end your marriage, being the first to file the petition for dissolution may give you a leg up in the following ways:
1. You Will be the First to State Your Claims in the Case
When you are the first to initiate divorce proceedings, you will have the first chance to explain the issues in your marriage, the separation date, and what you seek from the dissolution. This could put your spouse in a defensive position, leaving them with the duty of explaining the issues and providing evidence to prove their case.
2. You May Choose the Jurisdiction/Venue
Being the first to request a divorce allows you the opportunity to choose where the proceedings will take place if:
- You live in different states or counties
- You have residency in two or more states
With the choice of jurisdiction, the divorce laws applied may differ depending on where you file for divorce, including which county. Filing for divorce first lets you pick the jurisdiction whose laws and rules may be of benefit to you, protecting your interests for the best outcome. This may prove more convenient for you if you and the opposing party live in different counties.
3. You Can Activate Case Deadlines
In Colorado, once you file for divorce, you will get a case management order (CMO). The CMO will contain important dates and deadlines for your case, which you will have to serve on your soon-to-be ex. Then, after serving them a copy of the petition and the other initiating case documents, they have 21 days to respond.
This period limits your spouse in crafting a detailed response, increasing the chances they may make a mistake. In addition, it also limits their ability to subvert or compromise your case.
However, a significant drawback of being the first to file for divorce is the fees–you may have to pay more to initiate the case. Additionally, filing for divorce without an experienced attorney can put you at a disadvantage. For instance, you may make a mistake while presenting the issues in the case, like leaving out critical information or unintentionally submitting false information.
What are the First Steps in Filing for Divorce?
The first step in filing for divorce is requesting a divorce petition, whether or not both parties agree. It takes at least six to nine months to complete the process in Colorado.
After filing for divorce, the steps that follow are not textbook, as they will depend on the specific issues in your case. They typically include:
- Negotiating a settlement and coming to an agreement on all the issues.
- Requesting temporary court orders regarding child and spousal support and custody, then filing the proof of service.
- Going to trial if all of the above fail.
- Whether it’s an amicable separation or a contentious one, the judge will eventually grant the divorce decree–the final order on the marriage dissolution. It will have specifics regarding the division of debts and assets, parenting time, custodial responsibility, and spousal and child support.
It may seem selfish to be the first to file for divorce just to have the upper hand over the other party, but it can be necessary when delicate family matters are on the balance.
Consult With a Lawyer on How to File for Divorce
Filing for divorce takes work, and can be emotionally and mentally draining. At BAM Family Law, we understand that each case is unique, and offer individualized expertise, attention, and understanding throughout the divorce process. Contact us today to learn how to file for divorce with the help of the experienced divorce lawyers in our firm.