Deciding When To File For Divorce
Many divorcing couples make the mistake of postponing the start of filing for divorce until after the holidays. The holidays can already be a very stressful time for many families, so I am sure you are thinking that the added stress won’t be worth it. However, you may be surprised by the statistics of struggling couples.
It may seem easier to delay the difficult conversations and decisions right now, but this will make it much harder in the long run. People, especially children, are really good at sensing the tension. Whether you have the hard conversation now or in January, you still have a long process to go through. No matter the season, divorce is a difficult thing to go through. It may be significantly more beneficial to begin the process now so that you can truly start the new year with a fresh start and a clear mind.
Increase In Domestic Violence In The Winter Months
There’s a lot going on in the winter months as Christmas draws near. From holiday expenses to Christmas shopping for the kids, or even hosting holiday meals and decorating, these events are very likely to trigger a violent episode in an already abusive spouse. Conflicts may also arise as tax season draws near and finances become an increased topic between significant others.
Many abused spouses return to their partner after the holidays are over and money issues have been resolved. Unfortunately, many find that the conflict within their relationship still remains. Waiting to file for divorce after the holidays simply means a prolonged dysfunctional relationship.
Benefits Of Filing For Divorce Before The Holidays
Choosing to file for divorce before the holiday is a really difficult decision to make, but there are a lot of benefits to consider.
Not Having To Spend The Holidays With An Abusive Spouse
The number one reason couples wait until January to file for divorce is so they can get one more happy holiday as a family. However, many fail to consider that spending time with a toxic spouse can be harder. The increased stress and tension of the season are likely to cause an unexpected spike in abusive behavior. Bickering and arguing is no way to spend the holidays, especially in front of your children.
Reduced Pressure From Society & Family
The holiday season is full of gatherings with family which is something to consider especially if you have a particularly large family. If you file for divorce beforehand, no one will expect you to attend every single gathering and it will save you the stress of trying to keep up the appearance of a healthy relationship or attempting to hide fighting or other abuse from your children.
Emotional Relief
If your spouse is unaware of how serious your marital issues have become or even family members to who you are particularly close with, this can save you the burden of bottling up these feelings. Keeping such a large secret can put a significant emotional burden on you, causing you to not enjoy the holidays at all.
Waiting Periods
Although it greatly depends on your location, most areas within the country have a waiting period before your divorce is considered final. Although you will be legally separated before the finalization, waiting to begin this process drags it out even further.
Finances
Your filing status for taxes depends on your relationship status as of December 31st of the previous year. If you have a divorce decree before then you can file as an unmarried spouse. This can be beneficial for you if you and your spouse both have significant take-home pays. Depending on your financial state, the timing of your divorce can define how much you have to pay back in taxes or if you have to pay back at all.
Planning Ahead
Preparing to file for divorce takes a lot of patience. While the idea of making a major life change at the start of the new year may be very appealing to you, it isn’t the wisest decision.
When couples choose to do this, many of them fail to do it properly and rush to the courthouse as soon as the children return back to school. It makes the process much longer and more frustrating when you are missing the proper paperwork and court calendars are usually overloaded as well in the new year because everyone has the same idea. It is also a good thing to consider that divorce lawyers, judges, mediators, etc. may still be on family vacations for the holidays making them really hard to get in contact with when you need them. most.
Protection Of Children
As many couples are trying to protect their children from a major life change right before Christmas, many people are failing to see how it could actually benefit their children to start the process before the new year. Christmas is meant to be. a festive season full of cheer and if they are used to a toxic home environment, a change of scenery might actually be what is best for them. This allows the family to slow down and really evaluate your surroundings.
Final Decision
Deciding to file for divorce no matter when you choose to is a major life change that completely changes the trajectory of your life. This shouldn’t be taken lightly so it is highly recommended that you speak to an experienced divorce attorney before making any decisions. You can properly make a plan for your future and get ahead of a fresh start on the new year. Hopefully, this will allow you to make the best out of your holiday season however you wish to.
Call Our Experienced Atlanta Family Law Attorneys
At Hobson & Hobson, P.C., our Georgia divorce attorneys know that protecting your children and their future is your top priority during the divorce process. We believe in helping divorcing spouses build a co-parenting plan that is best for the children and that seeks to put their needs first. To do this, we aggressively represent our clients during the divorce process and advocate for equal parenting time whenever possible.
Call us today at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation, so you can review all your legal options.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
