When divorce is on the table, many people wonder if being the first to file gives them an advantage.
It’s a fair question. Filing for divorce is a big step, and the idea that timing could affect the outcome is something a lot of people worry about. While Colorado is a no-fault divorce state, meaning the court doesn’t consider who caused the split, there are still some reasons why filing first might feel important—or might not matter as much as you think.
Let’s walk through what really changes when you’re the one who files first, and what stays the same.
Is There a Legal Advantage to Filing First?
In most cases, there isn’t a significant legal benefit to being the first to file for divorce in Colorado. Because the state follows no-fault laws, judges don’t consider who initiated the divorce when making decisions about property, custody, or support.
However, the person who files first is called the “petitioner,” and the other spouse becomes the “respondent.” This doesn’t change your rights, but it does mean you get to present your case first in court if things reach that point.
For many people, that doesn’t end up mattering. But if you expect a high-conflict situation or contested issues, having the opportunity to present your position first can help shape how the court sees the case early on.
What Are the Practical Benefits of Filing First?
While the legal advantages are limited, filing first can offer some emotional or strategic benefits depending on your situation. It gives you the chance to gather important documents, choose your legal team, and be mentally prepared before your spouse is officially involved.
Here’s where that matters most:
- You’ve had time to prepare your financial disclosures and supporting documentation
- You’ve selected a divorce professional or legal advisor to guide your next steps
- You’ve had space to process the decision emotionally before starting the legal process
Being prepared often leads to better outcomes, not because the court favors the petitioner, but because clarity helps reduce stress and confusion.
Could Filing First Ever Backfire?
There are situations where being the first to file might not offer any particular benefit, and in some cases, it can escalate tension. If your spouse is caught off guard by the paperwork, they may react with resistance, especially if you hadn’t already discussed the decision.
Colorado requires a 91-day waiting period before a divorce can be finalized, whether or not you’re the petitioner. So, rushing to file without having conversations or preparing your co-parenting plan might slow things down in the long run.
Every divorce is different, and if you’re unsure about timing, it’s smart to consult with a collaborative divorce professional who can help you weigh the emotional and legal factors before making a decision.
Does Filing First Affect Child Custody or Property Division?
No. Colorado courts are focused on fair, equitable outcomes for both spouses and their children. Being the petitioner does not influence how parenting time, decision-making, or property division is determined.
What does matter is how well-prepared you are when the time comes. Showing that you’re focused on respectful resolution, especially when children are involved, will always help your case more than rushing to file first.
When Filing First May Be the Right Move
There are a few scenarios where filing first can make more sense:
- You’re worried your spouse might move assets or leave the state
- You want to establish a clear timeline and structure for the process
- You need temporary orders for support or parenting time
In these cases, filing first can create some immediate structure and protection, which helps reduce uncertainty in the early stages of separation.
Collaborative Divorce Makes Filing Less Stressful
One of the biggest benefits of choosing collaborative divorce is that timing becomes less of a power play. The process is built on mutual respect, shared goals, and open communication. Whether you file first or not, the emphasis is on resolving things fairly, without the courtroom battles that create long-term resentment.
Collaborative divorce professionals help both parties feel heard and supported from the start. It’s not about who filed first, but how you move forward together.
Let’s Talk About Your Options
Filing for divorce is never an easy decision, and you don’t have to figure it out alone. If you’re wondering about the best way to start—or whether now is the right time—reaching out to a collaborative professional can give you clarity and direction.
At FCDP, we’re here to help you make decisions that support your future, not just your case.
