Divorce is a significant life decision, and many people wonder if filing first gives them an advantage. While Colorado law is designed to ensure fairness in divorce proceedings, there are still strategic considerations when it comes to who files first. In some cases, it makes no difference at all, but in others, it can impact timing, finances, and even legal jurisdiction.
If you’re considering a divorce in Colorado, understanding how the filing process works can help you make informed decisions. Let’s break down what you need to know.
Does It Matter Who Files for Divorce First?
The short answer is: not always. Unlike in the past, where a “race to the courthouse” could impact jurisdiction and other legal factors, most modern divorce cases follow clear laws that dictate where and how a case will be handled. However, there are still a few circumstances where filing first may benefit you.
For example, filing first allows you to control the timing of the case, which can be useful if you need time to prepare financially, emotionally, or legally before your spouse is served. It can also help in cases where one spouse is planning to move out of state and might attempt to file in another jurisdiction.
In some situations, couples may even file jointly, meaning neither spouse is technically the first filer. This can be a good option when both parties are in agreement about ending the marriage but still need to negotiate terms.
Advantages of Filing First in Colorado
While filing first won’t guarantee a more favorable outcome, there are some strategic advantages to consider:
1. Control Over Timing
When you file first, you determine when the case begins. This means you can take time to get organized, gather financial documents, and consult with a lawyer before your spouse even knows the process has started. If you’re concerned about your spouse making sudden financial moves or hiding assets, filing first could help prevent those issues.
2. The Mandatory Injunction Comes Into Effect
In Colorado, a mandatory injunction goes into effect as soon as divorce papers are served. This court order prevents either spouse from selling, transferring, or hiding marital assets and requires both parties to maintain the financial status quo.
By filing first, you know exactly when this injunction will take effect, allowing you to prepare accordingly. If you wait for your spouse to file, you might be caught off guard by the injunction and have less time to handle financial or property-related concerns.
3. Avoiding Unnecessary Court Costs
The spouse who files for divorce typically pays a higher court filing fee. While this isn’t a major financial burden, some couples choose to file jointly to split the cost. However, if you anticipate resistance from your spouse, it may be worth taking on this expense to get the process moving.
4. Choosing the Venue
In Colorado, divorce cases are usually filed in the county where the respondent (the spouse who is served) lives. If you file first, you choose the venue where the case will be heard. This can be important if you and your spouse live in different counties, as some courts may be more convenient for you than others.
5. Setting the Tone for the Divorce
Being the first to file can also set the tone for how the divorce proceeds. If you take a proactive approach and work with an attorney early, you may be able to negotiate from a stronger position. You also get to present your case first if the divorce goes to trial, which can be beneficial in certain legal situations.
When Is It Better to Let Your Spouse File First?
While there are advantages to filing first, there are also times when it may make sense to wait and let your spouse take that step.
1. If You Want to Save on Filing Fees
As mentioned earlier, the person who files first pays a higher court fee. If finances are tight and you know your spouse is planning to file, it may be worth waiting to avoid that extra cost.
2. If You Prefer a Different Court Venue
Since divorce cases are usually filed in the county where the respondent lives, it may be beneficial to wait for your spouse to file if you want the case to be heard in your home county.
3. If You Need More Time to Prepare
Sometimes, waiting can give you more time to organize your finances, gather legal documents, and seek professional guidance. If you need additional time to prepare before engaging in legal proceedings, letting your spouse file first may give you that opportunity.
Filing Together: A Joint Divorce Petition
In Colorado, couples can also choose to file for divorce jointly. This doesn’t mean they agree on everything—it simply means they’re both acknowledging the need for a divorce and are willing to work through the process together.
A joint filing can be beneficial in several ways:
- It reduces the cost of filing fees.
- It can speed up the process by eliminating delays in serving papers.
- It sets a more collaborative tone for negotiations, which can lead to a smoother resolution.
Even in contested divorces, where there are disagreements on key issues, a joint filing can help start the process on the right foot.
What Happens After Filing for Divorce?
Once a divorce is filed in Colorado, several steps follow:
- Serving the Divorce Papers – If you filed individually, your spouse must be formally served with the paperwork. This can be done by a process server or the sheriff’s office.
- Mandatory Waiting Period – Colorado requires a minimum waiting period of 91 days before a divorce can be finalized. This applies even in uncontested cases.
- Financial Disclosures – Both spouses must provide full financial disclosures, including assets, debts, income, and expenses.
- Negotiations & Mediation – Many cases are resolved through negotiation or mediation, where spouses work out agreements on property division, child custody, and support.
- Court Hearings (If Necessary) – If spouses cannot reach an agreement, the case may go to trial, where a judge will decide the outcome.
Making the Right Decision for Your Divorce
While filing first won’t make or break your case, it does come with certain strategic advantages. Understanding how timing, legal procedures, and financial factors play a role can help you make the right choice for your situation.
At New Leaf Family, we guide you through the divorce process with a focus on your long-term future—not just the legal battle. Whether you’re ready to file or just need advice on your next steps, we’re here to help.
