Brandy Austin Law Firm PLLC
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Divorce Attorney

If you are considering filing for legal separation and/or divorce, you may have questions about the timing of your legal claim. Is it more advantageous for you to file first or should your spouse file? Are there any significant property division and/or child custody ramifications associated with filing at different times of the year? Are there tax consequences to keep in mind when timing one’s divorce? If you have kids, are their lives more likely to be impacted for the worse if you time your divorce in any specific way? These are all valid, important questions and we extend our sincere kudos to you for thinking ahead. Not everyone who files for divorce considers the potential consequences associated with these issues. Thankfully, whether you are eager to file now or you want to wait for the most advantageous time to file for divorce, you will not have to weather the legal side of this transition alone. An experienced family law attorney can help you at every step of the way.

Timing Divorce – The Basics

Most of the time, it does not matter which spouse files first, as the vast majority of states only honor so-called “no fault” claims. As a result, neither spouse is usually named as the “cause” of a breakup in court documents. However, some individuals choose to produce a proposed divorce settlement for inclusion in the filings. If you are likely to have a relatively straightforward divorce, have no minor children and limited marital property, you and your attorney may wish to discuss the pros and cons of filing first and including a proposed settlement with your paperwork.

Beyond legal practicalities, the issue of timing one’s divorce usually centers on the ways in which timing will impact everyone involved in this process. For example, divorce rates in the U.S. typically spike in around March and August of each year, because many couples who have opted to divorce do not want to file during major holiday seasons. Similarly, the parents of minor children may opt to file in May or June so that their children’s school year is not disrupted by this major transition.

Legal Assistance Is Available

If you have questions about the divorce process generally and/or timing the process of filing for divorce specifically, please consider scheduling a consultation with an experienced family law attorney today. Generally speaking, the more proactive you are in preparing for your divorce process, the more efficient and low-stress the legal side of this process will be. Working with an experienced divorce lawyer Tampa, FL divorcees can rely on, will help to ensure that you have the informed support and legal guidance you will need in order to successfully complete your divorce process. Consultations are confidential and do not obligate you to take any specific course of action, so please do not hesitate to reach out today. A legal team has extensive experience helping clients navigate divorce processes that range from straightforward to truly complex, so please take comfort in the knowledge that you will be placed “in good hands” when working with a law firm.



Thanks to The McKinney Law Group for their insight into family law and timing for filing for divorce.