Filing for divorce is a big decision to say the least and there are many considerations that go into fling for a divorce. One consideration that comes up when we get into the month of November, is whether you should wait until after the holiday season or the start of the new year to file for divorce. This blog just scratches the surface of the different issues that may lead you to file immediately or decide to wait, If you are considering filing for divorce in Michigan, the best thing you can do is schedule a consultation, either through our online form or by calling (248) 608-4123 to discuss the particulars of your case.
Why You Should Not Wait Until After the Holidays to File for Divorce.
There are certain circumstances that indicate you should file for divorce immediately regardless of the time of year. These are situations where it would be important for you to get a temporary order from the court to protect your custody or parenting rights, your financial rights or a variety of other situations that require some immediate action.
- Custody or parenting time: one instance where it is important to file as soon as possible is if one parent has moved out of the marital home with the children and is not allowing the other parent to see the kids. In that case, it would be important to not just file a complaint for divorce or custody but to also file a motion and seek an order that requires interim or temporary parenting time while the case is pending.
- Financial issues: if one spouse stops depositing the paycheck into the joint account or is refusing to pay their share of the bills, then filing for divorce would give the court jurisdiction to order the offending spouse to deposit their checks or pay their share of the bills. Another instance is where one spouse has or is threatening to remove funds from accounts, filing for divorce will allow you to get an order to freeze accounts if necessary.
- Jurisdiction: if one spouse has moved out of the county or the state where they have lived, then there will be a time limit on how long jurisdiction remains in the county or even the state where the parties lived during the marriage.
- Divorce is a slow process: divorce is a slow process, absent other reasons, the sooner you file for divorce, the sooner you can get the process over with and move on with your life.
Why You Might Want to Wait to File for Divorce Until After the Holiday Season.
There are many sentimental reasons why you might want to wait to file for divorce. The primary reason is that if you have children together, particularly younger children, you may want to wait so that the children are not dealing with the onset of a divorce over the holidays. This is a legitimate reason to wait and absent some other circumstances, there is really no harm in waiting until the first of the year or shortly thereafter to start the process.
There are also other situations where it would be wise to wait to file until later. One such circumstance is where you are in need of medical treatment or surgery. In such a case, particularly where your spouse is carrying the insurance or has better insurance, then it makes sense to wait. In addition, any out-of-pocket costs, deductibles or other medical expense are usually paid out of joint marital funds, whereas if you wait until after you are divorced, these bills will be your sole financial responsibility.
If you are considering a divorce, whether you want to file now or wait until the new year, please do not hesitate to schedule a consultation (either online or by calling 248-608-4123) to discuss the specifics of your case, how the law applies to your situation and what options you have here in Michigan.