While we make no judgment about when people elect to end their marriage by filing divorce proceedings, we have noticed a curious trend over the years in our practice. It may only be a coincidence, but it seems that there is an increase in clients retaining our services for an action for dissolution of marriage right after the end of the school summer break each year and right after New Year’s Eve.
We have no clear understanding of the cause of this trend. However, it would seem that parents feel that these two times in a year are less disruptive to their children’s lives than other times during the year.
For parents who are thinking about filing for divorce, we always recommend speaking with a counselor about the best way to explain the situation to their children. In doing so, we hope that the time to file a dissolution of marriage is decided based on the best interest of the children at the recommendation of a health care professional if there is any concern about negative effects for the minor children.
When there are no minor children involved, the timing of a divorce would more likely be related to tax consequences, anticipated inheritances, or changes to investments.
It is important to understand that it takes time to finalize a divorce. Depending on whether your divorce is going to be uncontested or contested the process takes time. This is a factor to consider when you are making the decision to speak with an attorney and trying to determine when you should file. On average, the process can range from as little as 2 months (when it is uncontested) to over 12 months (when contested).
We always recommend for people to come speak with an attorney sooner rather than later to figure out the best time and best way to file for their specific situation.
If you have any questions about timing of a divorce proceeding, please do not hesitate to contact our office to schedule a consultation.