When is the best time for filing for divorce?

The decision to end a marriage is one of the hardest decisions you’ll ever have to make.

Are you asking yourself, “Should I stay together until my children are a little older, or should I make a clean break now?” It’s only natural that you want to diminish any hurt from the divorce.

Is there really a good time to divorce? The answer is not a simple one. It depends on what’s going on in your family, what kind of parents you are, how much you can cooperate and the age and temperament of your children.

Sometimes couples may think about, and even talk about, divorce for years, and then finally decide to take the plunge. Other times, a quick decision is necessary.

Then – only when you really believe your marriage cannot be saved – is the time you should begin considering the many factors that determine when is the best time to file for divorce.

Consider if you will acquire substantial property, including assets and debts in the near future. In California, any property acquired during the marriage is subject to an equitable division.

If children are involved, the court will look at their best interests when determining custody and parenting or visitation time. If you believe you will be in a better position to seek custody based on the time you spend with your children, this may be a factor you consider in determining when you wish to file for divorce. In addition, waiting until your children are a little older and can express their desires to the court may be a factor to consider.

How will you survive since you haven’t worked since you’ve been married? Will the court award you spousal support? This is something to think about.

When facing a divorce, there are a number of matters you must address and resolve. Whatever your particular situation may be, contact the Orange County family law offices of Amy M. Montes. We will guide you through your divorce process and any other matters you face.