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A question that many past and prospective clients have asked me if they are considering divorce is whether there is a “better” time to file for divorce during the course of the year. There is no clear and cut answer to that question; however, there are some points that you may want to take into consideration if you are filing for divorce and are unsure of when is the best time for you.

  1. Do you have children and how will the pending divorce proceeding impact them? Are they in the midst of school and will filing for divorce create a distraction during an important part of their academic career? You should also consider whether the holidays are approaching and the impact that a pending divorce could have on your children and making the holidays more difficult than necessary for your kids. Regardless of the animosity that you and your soon to be ex-spouse may have for each other, not having such animosity making the holidays different or uncomfortable for your children is definitely something worth considering.
  2. If you do not have children with your spouse, then you may be considering the financial ramifications of the time of your filing for divorce. Do you and your spouse benefit by staying married through the end of the calendar year so that you can both benefit from an income tax perspective? Many parties do not want/cannot afford to lose the benefit of the tax savings that is often attributed to being married for the full year and they wait to the end of the year to assume that benefit.

While there are other factors that are absolutely relevant; these are two of the most influential factors that I have personally come across in my practice. Most clients are most concerned about the impact that a divorce will have on their children (presuming that the children are minors and still living at home) as well as the financial considerations and potential savings that each spouse can receive by staying married through the end of the calendar year.

However, in the end, you have to make the decision that is best for you in conjunction with any other aspects of your life that are pending at the time wherein you are considering divorce. If you are on the proverbial fence about when is the best time to proceed with divorce, speak with an attorney who can provide you with the necessary insight to navigate the options that are best for you and your particular circumstances. I have always found that it is best to sit down and map out the options with prospective clients so that all of the potential options are before them so that they may make the most informed decision possible.

The opinions and content herein are solely that of the author based on previous experience. Any republication without the author’s consent is prohibited.