Does it Matter Who Initiates the Divorce?

Uncontested Divorce Mediation

Posted July 25, 2016

If you are considering filing for divorce, you may be wondering whether you will gain an advantage by initiating the divorce proceeding. In general, it doesn't really matter which spouse files for divorce first. However, in some situations you may experience some legal and financial benefits by initiating the process.

Legal advantages include:

• You can select where your divorce case will be handled — this may be significant if you and your spouse live in different counties or even different states
• You may be entitled to present your case first if your divorce goes to trial

Financial advantages of filing first include:

• You have the ability to assemble a team of divorce experts prior to initiating the divorce action, which gives you a head start on the prep work associated with your case
• You can collect all necessary legal documentation before filing
• You can ensure you still have access to all funds, assets and lines of credit prior to filing
• You can make it more challenging for your spouse to hide assets

It's important to remember that you should always consult an experienced divorce attorney prior to commencing a divorce action. This will ensure your rights are protected and all paperwork is filed properly.

However, there are some instances when a traditional litigated divorce will not provide you with the best possible outcome. If you and your spouse are willing and able to resolve all issues in dispute in an amicable and collaborative manner, then you may want to consider divorce mediation.

Divorce mediation is a process that employs a neutral third party, called a mediator, to work with you and your spouse at the negotiating table in order to resolve all aspects associated with your divorce. By opting for mediation, you can avoid a lengthy, contentious trial. Ultimately, this will reduce the amount of time associated with the divorce process, save you a significant amount of money in court costs and legal fees, and help you craft a divorce agreement that more effectively meets the needs of both parties.

If you choose mediation, it won't matter who initiates the divorce since you will be working with your spouse and the attorney-mediator to resolve all of the issues in dispute before filing any paperwork with the court.

Split Simple provides divorce mediation services to couples in the Denver area. Our attorney-mediators have a background in family law and can guide you through the entire process, ensuring your final divorce agreement will be upheld by the court. Speak with one of our attorney-mediators today to find out if this option is right for you.

Please contact Split Simple using the form on this page or call (855) 665-9920 today to schedule your free consultation. We serve clients in Denver, Boulder, Aurora and throughout the Front Range of Colorado.