Skip to Content

Is There Ever a Right Time for a Divorce?

father holding child in front of mom

Marriages are complicated relationships. Even under the best of circumstances, spouses will eventually encounter difficulties that put stress on the marriage. Given the divorce rate in the US still sits at just under 50%, it's safe to assume that almost half the struggling couples out there eventually throw in the towel.

Even in the worst of marriages, couples struggle to let go. When people marry, they are filled with optimism; they believe their relationship will go the distance. When a divorce becomes a reality, dreams and the best of intentions come crashing down.

If you have made the decision to file for divorce from your spouse but have concerns about the timing of doing so, the information provided below will hopefully provide you with some guidance.

Have You Done All You Can to Save the Marriage?

Admittedly, some marriages have endured significant damage, leaving divorce as the only alternative. Still, there are couples out there that may even have the makings of a good marriage; they just can't seem to find a way back into the relationship.

Marriage is a serious business. You should never make the decision to walk away until you have done all you possibly can do to save the marriage. This is particularly important if children are part of the picture. You owe it to the family to seek counseling or invest time talking to one another. Are compromises available? Is the source of the marital problems significant enough to warrant divorce? By the time you hire a family law attorney, you will have hopefully exhausted all options to fix the relationship.

The Best Time for Divorce Without Children

The existence of marriage without children in the picture makes the pursuit of divorce a lot less complicated. Family and friends will undoubtedly feel the effects of seeing their loved ones divorcing. Still, the number of people with a deep-rooted emotional connection to the marriage will only include the husband and wife.

If the marriage is violent or emotionally damaging, the time to get out is now. There's simply no point in putting one's physical or emotional health as risk any longer than necessary.

If the marriage is non-confrontational, there may be more leeway to make filing for divorce a more strategic process. You might want to consider issues like tax filings and the division of assets before actually contacting a family law attorney. It's far better if you and your spouse can agree on such matters without intervention.

Another essential consideration would be lifestyle issues. Instead of rushing to freedom, you can afford to invest the time needed to make sure both you and your spouse have had time to state your cases and make the appropriate future living arrangements.

The Best Time for Divorce With Children

If you have kids, it's understandable that the divorce process is going to be many times more complicated because of the number of people who have an emotional investment in the relationship. Again, you should file for divorce immediately if there is violence within the family unit.

The list of things you have to consider before moving forward with divorce would typically include things like:

  • Your children's awareness of marital issues

  • The impact divorce might have on each child

  • The likelihood you can resolve custody issues without intervention

  • How you intend to handle child support and alimony if necessary

  • How much longer you feel you and your spouse can coexist in the same household while working out details

The more of these and other issues you can resolve before filing for divorce will result in less stress for all family members. By the way, the holidays are a terrible time to bring up divorce.

With all of that said, you don't want to let issues surrounding your children and the relationship fester. If you have to enlist the services of a child custody attorney, you need to find a balance between protecting your own interests and doing what's best for the children.

The process might be contentious, but you need to keep the fighting away from the children as best you can. You have to remember, your child or children will be emotionally affected by the divorce. While some children are better adjusted than others, there will be an impact because their lives are being uprooted, and they have no say in the matter.

Work With a Skilled Legal Advocate

There is never a right time to divorce. It's up to you, your spouse, and perhaps a family law attorney to figure out what works best given your personal circumstances. If you need legal assistance, Advocate Law Firm is here for you. We understand how difficult this time is, and we are ready to be there for you.

Call us today at (863) 644-5566 if you need an advocate on your side!