When is the Best Time to File for Divorce?

 

According to the behavior of many couples considering divorce, January seems to be the most popular month to begin the process of starting the next phase in their lives. There is also a similar but slightly lower peak around September. In addition to considering the reasons behind these trends, there are many other factors to take into consideration such as the how the length of your marriage will affect the division of your assets. Here are a few things to keep in mind when starting the process and picking a time to file:

Filing in January

With the possible exception of 2008 when the recession had just hit, each January there has been a sharp increase in the number of phone calls and inquiries made to family law firms. The number of divorce filings begins to rise in January and peaks about two months later. Many couples begin or continue to discuss and research their options during the beginning of the year, with online searches for “child custody” and similar divorce-related terms also increasing significantly between December and March. This uptick could be due to a few reasons. Although it is doubtful that your spouse will file for a divorce just because you got him or her the wrong gift, the holidays may be the tipping point. Stressful no matter how long you have been married or how many kids you have, the holidays can put life and your marriage into perspective. Typically around the holidays, people have more time off from work and spend that time with their families, in-laws and friends, which may cause them to compare their lives with others’ or with their own lives in previous years. Spouses may have also already resolved to get a divorce but just want to get through the holidays before taking the next step. Filing for divorce or at least discussing options with a divorce attorney may even be a new year’s resolution. Even more pragmatically, many people may also put off filing for divorce for monetary reasons. By waiting to get divorced, they can still get the benefit of filing jointly on their tax returns for the year.

Filing in September

There is also a spike in family law inquiries and divorce filings in September, stemming from a few possible reasons. Couples may want to wait until the end of summer to file for divorce so that they can spend time with their kids before they go back to school or so that they can go on vacations that have already been planned months ago. Additionally, with summer being such a popular time for weddings, couples may want to get through their wedding anniversary before making a decision or make it to all of their friends’ weddings before announcing their plans to divorce.

Other Options to Consider

Since each marriage and each divorce is unique, there are also many other factors that should be considered. The best time to file will vary based on your assets, the length of your marriage and your tax bracket. No matter how complicated your divorce or when you choose to file, we can help. For help with your case or in any other aspect of family law , you can turn to the Law Office of Renkin & Associates for the help that you deserve. We are prepared to answer your questions and fight for your assets.

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