When is it The Right Time to File For Divorce? (Part 1)

Figuring out the time that works best for your life is very important!


It’s a question that everyone who’s ever seriously considered divorce has asked themselves – when is the right time to file? Should I do it now, or wait until next month? Should I wait until after Christmas, or risk filing right before his birthday? Should I file now, right in the middle of the summer and risk ruining everyone’s vacation time, or do it later, when the school year starts, and risk messing up the kid’s grades? It’s a very tough choice, but the reality is that only you can decide when the right time is.


Making the right decision means taking a lot into account


There are many factors you’ll need to consider before you can determine when the right time is to file for divorce. And while many of those factors are unique to your life, there are a few that should be taken into account by everyone, as they can make a huge difference on the outcome of your decision. Here are a few basics that we recommend all people give some thought to, before choosing a time to file for divorce.


The safety of yourself and your children may be at risk


If your spouse has a problem with drug or alcohol abuse that makes them violent, you need to make sure that both you and your children are safe before you announce you intentions to end your marriage. This also applies if your spouse has a temper problem and you expect they might harm you or your kids when you announce your decision to get a divorce.


Other issues that could affect your safety include:


  • A spouse who drives drunk with your children in the car
  • A spouse who leaves drugs or drug paraphernalia where children can get at them
  • A spouse who physically or sexually abuses your children
  • A spouse who threatens suicide every time you have a fight or threaten to leave
  • A spouse to threatens to harm you every time you fight
  • A spouse with a history of violence or domestic abuse
  • A spouse who has lied about you in the past, or made false allegations against you


If you believe that telling your spouse about your decision to divorce them is likely to put you or your children in danger, discuss your concerns with your attorney first. You may need to move out before telling your spouse, or seek safe harbor in a local shelter or with a friend before making your intentions clear. You might also need to get a personal protection order before telling your spouse that you’re leaving them.


Divorce can be a difficult time, so get the right help!

Making the decision to end a marriage is a major one, and will impact every aspect of your life. Make sure that you talk your decision over with an experienced family law attorney who can help you prepare for every eventuality. So if you or a loved one are considering a divorce, regardless of what your personal situation may be, call 866 766 5245 and let our highly skilled divorce lawyers help you through every aspect of the process.