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Reasons to be the first to file for divorce

For Colorado spouses who feel certain that divorce is on the horizon, it is a savvy decision to prepare for that eventuality. No one wants to be surprised by a sudden or unexpected divorce filing. In addition, aside from the emotional effects of being blindsided, there are a number of financial and legal considerations that make being the first to file a wise choice.

Chief among these is the benefits of being able to assemble one's legal team before the process begins. A consideration in securing legal counsel is known as 'conflicting out.' This underhanded strategy involves a spouse making initial consultation appointments with various attorneys in the area.

An attorney cannot represent a client after receiving confidential information about the case from another party. This is because an attorney-client relationship will have been established during the initial consultation. This can make finding a good attorney difficult for the spouse who begins making steps toward divorce after their spouse has already done so. While it may seem unlikely that your partner would go to such lengths, people respond in different ways to the news that a marriage is ending, and many become extremely confrontational, especially if the split is not their idea.

When making the decision on when and how to file, it is important that Colorado spouses consider all of their options as well as the pros and cons of each choice. In many instances, being the first to file has distinct advantages over being served with divorce papers unexpectedly. However each scenario is unique, and each party has to make decisions that reflect his or her own set of goals.

Source: Forbes, "What Are The Financial And Legal Advantages Of Being First To File For Divorce?" Jeff Landers, March 26, 2013

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Brandon Ceglian

Brandon Ceglian's practice focus is family law, landlord-tenant law / real estate, civil litigation, criminal / DUI, and collections. View Attorney Profile

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