Divorce Considerations: Deciding When to File

There are many reasons for a marriage to fall apart, from just growing apart to one or both parties causing problems. No matter what your reason for considering a divorce, it's important that you are practical about deciding when you should file. Here's a look at a couple of the things you should think about when you're trying to determine the best time to file for divorce.

How Old Are Your Children?

Child support and custody are two of the most contentious issues that arise during a divorce. If you have been considering a divorce, one of the things that you should take time to think about is the age of your children. 

If your children are all nearing young adult age, it might be beneficial for you to wait until your youngest has moved out before you file for divorce. Doing so saves you the time, frustration, and money associated with negotiating or litigating child custody and support as part of your divorce.

Is Your Spouse Talking About Filing?

Has your spouse already mentioned divorce as something they are considering? If so, it's in your best interest to reach out to a divorce lawyer and see about filing before they do. When you file first, it gives you a bit of a legal advantage as the petitioner because you'll be the one legally requesting the divorce.

Additionally, by filing before your spouse, you'll be a step ahead of the process by having all of your financial information gathered. When your spouse files first, there's always a chance that some of the shared financial records may be difficult for you to get to. Take the first step before your spouse does to make the whole process a little bit easier for you.

Are You Thinking About Getting Through The Holidays First?

Especially for those couples with children, one of the most common decisions is to wait until after the holidays to file for divorce. This allows the children to have one final holiday season with both parents in their family home. If you've come to the decision that you want to wait until after the holidays, you might want to think about waiting until after the first of the year. 

Waiting until the first of the year will allow you one final year to file your taxes as a jointly married couple. Since couples who are married filing jointly are often eligible for deductions and credits that single filers can't qualify for, this may be a financial benefit for you in that final year before your divorce.

These are a few things to think about when you're trying to decide when the right time to file your divorce is. Reach out to a divorce lawyer near you today for more guidance.