Does It Matter Who Files First for Divorce in Colorado?

When it comes to divorce in Colorado, it does not matter who is the first to file. As a no-fault state, it is not incumbent upon you to demonstrate that your spouse was at fault for the end of your marriage. However, there can be benefits to filing first that you may want to consider when thinking about getting a divorce. Talking to a Broomfield divorce lawyer can provide the insight you need to proceed.

Petitioner vs. Respondent

To determine whether or not you should file for divorce first, it is important to understand the role each spouse plays in a divorce. When it comes to the difference between a petitioner and a respondent in a divorce. The petitioner is generally the party who initiates the divorce by filing first, and the respondent is the party who is served with papers and agrees or contests the terms in the divorce papers.

Advantages of Filing for Divorce First

When considering whether or not to initiate divorce proceedings, you should consider some of the advantages of being the first to file. First, you can dictate the timeline of the divorce, which allows you to have time to prepare beforehand if you want. You can work the timing out to your benefit by being the petitioner. Furthermore, divorce proceedings are handled in the county where they are filed, so you may have a home advantage if you file in your county versus your spouse’s county.

Furthermore, you are able to fully outline your terms for divorce, which means you can start with all of your requests. How you approach your requests and the petitioning can set the tone for a collaborative or contentious divorce. Additionally, in situations where safety is a concern, filing first can be a particular advantage.

Disadvantages to Filing for Divorce First

As with any situation, there are pros and cons to filing first. Some disadvantages you may also want to consider include the increased expenses you must pay, safety concerns for domestic violence situations, or not feeling ready to initiate divorce proceedings. Talking to a lawyer about the advantages and disadvantages of filing for divorce can provide clarity if you are unsure whether or not you want to file first. They can help you understand the ramifications based on your unique situation.

Filing for Divorce Together

In some cases, couples may choose to file for divorce jointly. This is generally for couples who wish to navigate proceedings amicably and collaboratively. They may already have agreed upon terms, or plan to negotiate terms together. Both spouses need to fill out the appropriate divorce forms to initiate this type of divorce, which differs when you are filing jointly rather than separately.

Talk to Your Lawyer Before Proceeding

To know which move is the right one for you, talk to an experienced Colorado family law lawyer from Danielsen Westhoff. We listen to you and take the time to understand your situation so we can provide recommendations and counsel specific to your situation. This ensures that you and your rights and interests are protected from the outset. Contact us to set up a free 15-minute consultation with our team.