Timing is supposedly everything – and a lot of people decide that the closer it gets to the end of the year and the holiday season, the worse the timing is for a divorce.
Some people put off filing for divorce until January (or even later) to avoid disrupting their kids’ holiday celebrations or simply to avoid making an already busy and stressful season even more so. Others simply like the idea of starting fresh in the new year, once the holiday season is over and life has settled down a little.
Those are all valid reasons to wait – but there are also some good reasons to get the process started now.
Why filing before the end of the year may make sense
Nobody can make the choice for you, and no two situations are identical. Here are some reasons, however, to consider moving forward now:
- In New Jersey, the date a divorce complaint is filed generally establishes the cutoff for determining which assets and debts are subject to equitable distribution. Waiting until January could affect how certain earnings, purchases, debts or other financial changes are treated.
- If your spouse has stopped contributing to household expenses, is spending marital funds irresponsibly or is otherwise putting you in a difficult financial position, filing can open the door for temporary financial support or other court orders that will protect your assets.
- Divorce can take months, especially when spouses disagree about property, support or custody. Filing now may put you further along in the process by the time January arrives and allow you to truly embrace the “new year, new you” energy.
- You may be concerned about taxes, but filing for divorce and finalizing it are two different things. Your marital status on December 31 determines your filing status, and it is unlikely that even if you file today that your divorce will be complete before then.
- Sometimes, putting off an inevitable divorce simply prolongs the stress and uncertainty. Taking action may give you a greater sense of control over your future.
There’s no single right time to end a marriage. However, if you’ve already made the decision, speaking with a New Jersey family law attorney now can help you understand whether filing before the end of the year would benefit you.