Is There a Best Time of Year to File for Divorce?

Filing for divorce is a huge step and one that many people do not take lightly. One question we receive is when is the best time to file. In truth, there is no one month or season that works “best” for everyone. However, there are critical considerations, especially if you have children or intend to be out of the country for any extended period. Contact Hamilton O’Neill to review the most important considerations.

Divorce Timing: What to Consider

Here are some of the factors which can nudge you to file during certain seasons:

Do you have children?

This is a critical factor. Many parents find it easier to initiate a divorce as the school year winds down. That way, you can at least have temporary custody orders in place when school starts back up in the fall. Divorce in the middle of the year can upend your child’s education or delay your ability to move and start a new job.

Sometimes you have no choice, especially if your spouse is the one to file. But talk with a lawyer about whether you should file in May or June, which are popular months. We can often get temporary orders in place by September.

Are you selling your home?

The real estate season is cyclical in Miami, as it is in other cities. The best time to sell is typically spring to early summer because many families are looking to move before school starts.

If you are putting up a For Sale sign, you might want to time your divorce so that you increase the odds of finding a buyer. Otherwise, you might end up waiting for a full year (or longer) to finally unload real estate at a reasonable price.

Do You Want to Avoid Tension during the Holidays?

Some people think filing in late December is best. That way, they can start the new year fresh. But filing around the holidays only adds stress to everyone’s lives. You could have a miserable Thanksgiving or Christmas. Ideally, you do not want to trigger a fight during the holidays because disagreements could show up later when a judge decides custody.

Are You Emotionally Ready to File?

If not, then you should not force yourself to do so. Instead, file for divorce when you have a firm conviction that it is the right choice. You might need some time to warm up to the idea. Your lawyer can recommend whether it is a good time for you to file, but your lawyer can never push you into this decision.

Are You Suffering from Domestic Violence?

If so, then filing as soon as possible is ideal, regardless of what month of year it is. Our firm can help with a temporary restraining order to protect you and ask for custody, child support, and alimony.

Call Our Office to Discuss Timing

A Miami divorce lawyer at Hamilton O’Neill can answer your questions and help you decide whether divorce is the right choice for you. Our consultations are completely confidential, so reach out today.

Source:

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