While the holidays are commonly a time of family fun and festivities, this
time can be difficult for couples who are considering filing for
divorce. If you and your spouse have decided to separate, it is imperative that
you weigh the pros and cons of filing before or after the holidays have
passed. Since divorce can have such a profound emotional impact, you must
consider the effect the timing of your divorce will have on your enjoyment
of the holiday season.
Reasons to File Before the Holidays
Those who choose to file before or during the holidays do so for several
reasons. For many couples, it can be difficult to fake being civil in
public. Spending another holiday with their spouse can seem like an impossible
endeavor, and they are simply in need of relief as soon as possible. This
can be relevant if a spouse exhibits abusive behavior or speaks poorly
of their spouse in public.
For some, the thought of spending the holiday season with their spouse’s
family can be equally distressing. Piling on the issues of extended family
on top of a person’s shaky marital situation can sometimes prove
to be the final straw.
Additionally, filing during the holidays may have an impact on the legal
process and terms of the divorce. In Missouri, the courts require that
couples wait a period of 30 days after filing for divorce before a dissolution
of marriage will be issued. By filing during the holidays, a couple can
begin this waiting period and finalize their divorce early in the New Year.
Reasons to File After the Holidays
There are a variety of reasons why some couples will choose to postpone
filing for divorce until January. Possibly the most common reason couples
wait is to avoid the emotional turmoil and allow their children to enjoy
the holiday season. This reason isn’t always the most realistic
option, as it depends on a couple’s ability to interact with each
other in a cordial manner. Kids are smart and can pick up on cues that
their parents are at odds with each other.
Waiting until January can also be useful for tax reasons, as most employers
will send out W-2 forms and 1099s during this time. This financial information
will be necessary for determining asset and debt distribution during a
divorce. Many couples will choose to file a joint tax return one last
time before their separation.
Looking to Divorce? Call (417) 658-4172
Regardless of which time you choose to file, retaining trusted representation
is a crucial aspect of the divorce process to ensure that your rights
are protected. At Worsham Law Firm, our
Springfield, MO family lawyers can help you navigate through the troubled waters of divorce and represent
your interests every step of the way. With more than 20 years of dedicated
experience, our attorneys can provide the compassionate counsel you need
to help you overcome this difficult time as smoothly as possible.
Get started by requesting a
complimentary consultation today!