- When to Start the Process of Filing for Divorce
- June 19, 2015 | Author: Daniel Martin Copeland
- Law Firm: Daniel M. Copeland, Attorney at Law, P.A. - Jacksonville Office
When Do I Know It’s Time to File for Divorce?
First of all, you should determine whether or not divorce is your only alternative. If it is, you need to look at a variety of factors to determine when the time is right to file. Before you do, however, you need to look at what the process will be like so you can be better prepared.
What time of year is the best to file?
January has the highest rate of divorce filings. Many people want to get through the winter holiday season before they take on such an emotional challenge. Since the new year is a time of beginnings, many people see it as a good time to start over again.
Some people choose January to file due to more practical reasons. If one or both spouses receives an end-of-the-year bonus, the extra money will be included in the couple’s income during marital property division.
Taxes, too, are a factor for many couples. Each spouse can file for their taxes during the coming year as the head of household. If they have children, or if they have certain assets, filing as a head of household can be a benefit.
To avoid a custody battle, consider holding off until your children are of age and can decide with whom they want to live.
Another factor that can impact when you file is if you are studying in a university or trade school. The court may take into consideration how much you can expect to make once you finish your study. Your spouse’s attorney may contend that you do not need higher alimony payments since you can earn a living on your own.
How much will I have to spend?
Various factors impact the total you’ll have to spend. Consult an attorney with years of experience handling divorces. She or he will be able to give you an estimate of the total costs. If difficult situations arise, though, the cost can go up considerably. Your own expenses, too, may vary depending upon the circumstances.
How long does it take to obtain a divorce?
Again, there are many factors that influence how much time it takes. The state in which you file may have regulations that specify that the process must take at least a given time. In some states, however, cases which have no complications can be completed within thirty days.
Complicated cases, however, can last for as long as two years. If a couple has a large number of assets and cannot agree on their division, the process will go longer. Similarly, if children are involved, sorting out custody issues can take a long time. If the divorce is contested, that also impacts the time it will take. Your attorney can give you an estimated timeline, yet it won’t be set in stone. Unforeseen events can impact the time frame.
Divorce is never easy. To avoid unnecessary pain, prepare well. Call an experienced attorney today to help guide you through all of the steps of the process.