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Should you file first in a divorce proceeding?

On Behalf of | Mar 5, 2020 | Divorce

Divorce may be the first step down a better path for you, your partner and your entire family. But before you start your next journey, you must consider which spouse will be the one to file the divorce petition? And does it even matter?

The emotional benefit

Some spouses find there are emotional benefits from filing the petition. For example, you may feel a wave of emotional strength after filing since you took the right steps to get yourself out of a negative situation.

While filing may make some people feel liberated or empowered, other spouses may feel it reflects badly on them to be the one who initiated the process. Still others simply do not care who files the petition. The reaction varies from person to person.

The emotional appeal of filing may be enough for some partners to start the process, but others may want to know if there are any legal advantages or disadvantages to being the one who started the action in Colorado.

The legal benefit

There is no legal benefit and no legal disadvantage associated with being the one who filed the petition in Colorado. While one person may feel more relief from filing first, the court will not care either way. It doesn’t matter if one spouse files or the other because the petition kicks off the action for both parties.

All that matters is that the petition is filed so that you can seek additional orders from the court. For example, if you want to get orders to establish support payments or restrain financial transactions on marital accounts, the petition has to be filed before you and your lawyer can work on getting those orders. But it does not matter if you filed or if your spouse did so.

If you are considering a divorce, do not be afraid to act. It’s up to you to make the right decisions for you and your family.


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