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Should You File For Divorce Now Or Wait For 2022?

by Sharon Jackson  on December 1, 2021 under 

Is divorce the #1 item on your list of New Year's Resolutions? 2021 has been a stressful year, and many relationships have not survived the pandemic, self-quarantine, working from home and the economy. Many people's marriages look very different than they did 2 years ago - and some couples have decided they no longer want to be married. Deciding when to divorce is complicated. The decision to file for divorce now may be right for one person, but may not be the right time for another person.

If your or your children's safety is an issue, you should consult an attorney immediately. Victims of domestic violence and their children have protection under the law, and you should consult a family law attorney immediately who can advise you on the next steps to take.

Pros and Cons Whether You File for Divorce Now - and Not Wait Until The New Year

1. Taxes 
Finances and taxes are key considerations in determining the best time to divorce. Do you or your spouse get a year-end financial bonus? Do you file joint tax returns? Are you in debt, or are you or your spouse anticipating a financial windfall? A tax or financial advisor is your best resource for an impartial analysis to determine when is the fiscally best time for you and your spouse to divorce.

2. Stress 
Many couples want to protect their children and give them one last happy holiday as a family - the same thing they said the year prior. In fact, hiding an unhappy marriage from your family and friends and pretending you're a happy couple can cause a lot of unnecessary stress and unhappiness - something the children usually can see and feel. Deciding to divorce before the holidays can minimize the stress for some families, who are tired of pretending everything is happy at home. If there is any type of verbal or emotional or physical abuse in your relationship, the additional stress of covering up the abuse during the holidays can easily escalate the situation.

3. Beat The January Rush
January is nicknamed "divorce month." Many couples wait until after the holidays to file for divorce, so there are more filings for divorce in January than in any other month. Many couples use the new year as a push to get a fresh start on life - and many divorce lawyers report an upswing in clients after the holidays. Deciding to divorce your spouse is a major life decision, and if your decision is made, there may be no reason to wait. If you have decided to divorce, filing in December can give you a jumpstart on the busy divorce calendar from January through March.

4. Wait Time
Often people file for divorce and expect to have a hearing the next week. It normally takes 4-8 weeks to get into court so it's important to file early.

There is no "good" time to get a divorce. If you are unhappy in your marriage, making the decision to divorce before the holidays can bring you a sense of relief before the holidays. Deciding when to divorce is complicated, and a divorce professional can help you evaluate your specific situation.

Contact A Gwinnett County Divorce Attorney

An experienced family law and divorce lawyer can assess your situation and give you advice on whether to file for divorce now or to wait until the new year. If you or your children's safety is an issue, you should consult an attorney immediately. There are many other factors such as taxes, retirement accounts, and other assets, that a family law attorney can evaluate to give you the best advice for your situation.

If you are in Gwinnett County or surrounding areas, call Attorney Sharon Jackson. As an experienced Family Law Attorney, she has protects the rights of parents and helps them to protect their children’s future.  Contact Attorney Sharon Jackson today at (678) 436-3636 to schedule a consultation.


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