Should I File for Divorce Now or after the New Year?

There is a general trend that divorce filings reduce during the months of November and December. Halloween is the unofficial start to the winter holiday season, and many people do not want to “ruin” the holidays by starting the divorce process. Spouses might decide to wait until after New Year’s together, or you might wait to tell your spouse that you want a divorce until the holiday celebrations are over. 

Many people ask our Illinois divorce lawyers if it is better to start the process now or wait until after the New Year. If you would prefer to let your family enjoy the holidays without a divorce looming, that is understandable. However, this does not mean that you cannot start preparing and taking steps to protect your interests now. 

Preparations for an Upcoming Divorce

If you take the time to prepare for your divorce filing, you can often improve your chances of the most favorable outcome. Some things you might want to consider doing – even if you do not plan to file until next year – include:

• Start looking for the right divorce lawyer. You might need to interview a few before you find a lawyer you can trust, and one who shares your approach to divorce, so it can’t hurt to start the process now. 
• Ask questions about divorce of your legal team and learn more about what to expect during the divorce process.
• Learn about various divorce paths, including collaborative divorce, uncontested divorce, mediation, or resolving contentious issues through litigation. 
• Begin gathering all the information you will need to protect your interests in your divorce, including all financial accounts, usernames and passwords, tax returns, debt statements, insurance information, titles and deeds, and more. 
• Provide these documents to your legal team and work with your attorney to begin filling out the financial affidavit. Getting a head start can prevent delays when it is time to prepare your divorce petition after the New Year. 
• Determine whether you will separate or continue living under the same roof during your divorce. If you are planning to move out, start preparing for the move now. 
• Start thinking about how you might want to divide parental responsibilities and parenting time with your ex-spouse during separation and after divorce. 
• Decide how – and when – you are going to tell your spouse that a divorce is coming. 

Giving your divorce attorney a head start on your case can help save time once the holidays are over. 

You might worry that you are jumping the gun by speaking with a divorce lawyer if you are not planning to file for a couple of months. First, keep in mind that there is no obligation to hire our firm if you schedule a consultation. We understand that you might be on the fence about divorce in general, but we are still here to answer your questions – even if you ultimately change your mind. Finally, everything we discuss is confidential, and we will always respect your need for privacy and discretion. Your spouse will have no indication that you are speaking with our law firm unless you tell them yourself.

Learn More from an Illinois Divorce Lawyer

At Goodman Law Firm, we know that divorce is a difficult decision with many considerations – including wanting to wait until after the holiday season. We are here to support you in the meantime, so please contact us today to begin the conversation about a possible divorce case.