If you’re thinking about filing for divorce or you suspect that your spouse may want to formally end your marriage, you are likely feeling overwhelmed. Among the many considerations that are probably preoccupying your mind is the issue of timing. Is there an idea time to file for divorce? Will timing your divorce in a certain way affect your chances of a smooth divorce process? Questions like these are both grounded in legitimate concerns and are commonly voiced by those who are preparing to file for divorce.
Unique Needs, Unique Approaches
As an experienced divorce lawyer – including those who practice at AttorneyBernie.com – can confirm, there is no “one size fits all” approach to timing the divorce process that serves the needs of every individual well. Instead, it is important to take time to consider your unique priorities, goals, and circumstances before committing to one timing strategy or another.
For example, say that one of your biggest concerns involves how your divorce process will impact the lives of your minor children. It may be to your family’s unique benefit to avoid filing for divorce during the holiday season, at the very start of the school year, and at other particularly vulnerable times that tend to color a child’s life experience. Thinking about how timing this process will affect your child uniquely may help to frame when filing for divorce may best serve your family’s interests.
Similarly, thinking about the ways in which the stresses of the divorce process will affect your work, your social commitments, your passions, and any other aspects of your life that require regular care and attention may help you to make truly informed decisions about timing your divorce filing.
You may also want to speak with an attorney proactively if you have concerns about the ways in which timing your divorce will affect property division issues. For example, if you and your spouse are filing for bankruptcy soon, there may be advantages and disadvantages to filing one process or the other first. Similarly, fluctuations in the economy, the housing market, the job market, and any industries that regularly impact your family’s finances may be worth considering as you time your divorce.
Different economic circumstances can impact both the present and future value of a specific asset. If you own particularly valuable property and/or assets – such as a family business, real estate, intellectual property, stocks, etc. – you may need to take the ways in which timing your divorce will affect the value of your marital estate and the division of your assets. For example, if you hope to sell your house and split the profits between you and your spouse, you may either want to speed up or slow down the timing of your divorce to account for major anticipated swings in the housing market.
If you have any questions about timing your divorce, don’t hesitate to ask an experienced attorney. All too often, individuals are under the impression that lawyers are simply “paper pushers.” They can offer you proactive guidance long before you ever draw up any paperwork related to your divorce.