How Do I Know When to File for Divorce? 

Divorce is a tough, tough challenge. Once you were head over heels in love, but now you feel there is no other choice but to file for divorce. Once you’ve explored other possibilities and weighed your decision, it’s time to sit down with your attorney and plan your next moves. Because divorce can be a costly and frustrating process, it’s best to inform yourself about the procedure beforehand so you’ll know what to expect.

Is there a good time of year to file?

If many people who seek a divorce are right, there is. More people file for divorce during January than in any other month of the year. Your decision, though, must be right for your situation.

Many people file for divorce in January for the same reason they make New Year’s resolutions: to get a new start on life. Others want to get their family through the winter holiday season so family members don’t associate the winter holidays with sad times.

Financial issues also impact some couples’ decision to file in January. End-of-year bonuses can impact marital property division because it counts as income.

Taxes are less complicated if a couple files for divorce in January. Each party can then file their taxes the coming year as the head of their household. If children or valuable assets are involved, filing as the head of household can be a benefit.

If one or both spouses is pursuing an education, the court may award alimony payments in smaller amounts because students will be able to support themselves after graduation.

If you want to forego a custody battle, a couple may agree to wait until their children are of an age at which they can decide with which parent they want to reside. This may also impact your decision about your timeline.

How much should I set aside to pay for the divorce?

The amount you will need depends upon your circumstances. Your attorney can provide various scenarios and give you a general idea for each situation, but unexpected circumstances often bring extra expenses.

How much time will my divorce take to complete?

The time it will take depends on your situation. Some states have laws which regulate the time a divorce takes. In many states, a simple divorce can be completed in thirty days. In others, it takes longer. With a complicated situation, such as a high-asset divorce, a contested divorce, or one with a custody battle, the process can take up to two years. .

A divorce can create the framework for a messy family situation. To avoid as many hurt feelings as possible, it is important to prepare well. Sit down with your attorney and allow her or him to guide you through the tough times. If you need to file for divorce, call an experienced attorney today.