Does It Matter Who Files For Divorce First?

When speaking with new clients I am often asked: “Does it matter who files for divorce first?”- And my response is always: “absolutely not.” This is because in divorce cases the Court treats both parties equally. Thus, neither party gets an upper-hand by simply filling out the paper work first.

Actually, depending on your case, it may be to your advantage to let your spouse file the Petition first. This is because the Petitioner usually ends up having to spend more money on filing fees and attorney fees. The reason the Petitioner generally ends up paying more is because the cost to file a petition is higher than the cost of a response, and the Court usually asks the Petitioner to be in charge of filing all mutual documents, and set hearing dates. These small costs can add up, and by being the Respondent you could avoid those additional small costs.

If you wish to schedule a consultation with the Denver divorce attorney at Jones Law Firm, PC, call our office today.


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Our team includes attorneys licensed to practice in multiple states including April D. Jones in California, Patrick G. Barkman in Texas, the Cherokee Nation, the Northern District of Texas, and the District of Colorado (United States Court of Appeals 10th and 5th Circuit).