All the gifts are unwrapped, and the new year approaches. For some, it means looking at the past and deciding it’s time for an end. For others, a few more tomorrows and the chance for a fresh start. The signs may well be out there for you – and waiting for your action. Is it now? Is there ever a right time to consider divorce?
This might not come as a surprise. Experts dub January as Divorce Month. In fact, some actually correlate the Super Bowl to the onslaught of marital dissolution cases. However, it might not take a game to realize things aren’t exactly a team effort at home.
If you’re a parent, you may be holding on to the thought of upsetting your children’s life. Truth be told, in some cases, it’s not just an emotional decision. Frankly, it’s always hard to financially manage two households and keep your head above water.
In some cases, another issue arises when it comes to divorces involving children. Married parents don’t face legal obligations when it comes to affording college tuition payments. However, the court could easily order a divorced parent to pay for undergraduate or trade school education.
No doubt, money matters when it comes to divorce. It could act as an impetus for moving fast or holding back. Strategically, it might make sense to procrastinate or create delays. This may happen as part of the divorce process.
When You Don’t Think It’s the Right Time to Divorce
Truth be told, the whole concept of divorce may shake your world. Quite simply, divorce could be against your religion. Why in the world should you face the consequences for ending what your faith tells you God has joined together?
Unfortunately, the fact that you don’t want a divorce won’t matter in the end. Your spouse has every right to ask the court to dissolve your marriage. Rather than contest the divorce itself, you’d be better served to meet with an experienced family law attorney to discuss how to come to terms as you move forward.
If you’re the lesser earning spouse, you may feel skeptical about your chances of financial survival. Use your time wisely to make copies of records showing assets and liabilities. You may already know that some use money as a means of control. Don’t buy into the notion that there’s no way out of a loveless marriage.
Retirement plans play a role in the timing of some divorces. Just how much gets divided up depends on a number of factors. The length of the marriage becomes among the most critical concerns.
Take it a step further. If you’re a victim of domestic violence, you could fear that your abuser will hurt you more if you attempt an escape. If this is the reason you’re thinking about a divorce, don’t delay in seeking help. In the end, it could save your life.
If you rely on medical benefits from your spouse, you may also decide to hold off on filing for divorce. However, your attorney can help you understand the options available to you when the marriage ends.
Delay Tactics: Stalling Hurts
You may be in a hurry to get things finished and move on to the next chapter of your life. However, that’s not to say that your spouse feels the same way. Unfortunately, stalling hurts and causes undue expense.
With few exceptions, divorces based on claims of adultery, are far from amicable. If anything, they’re filled with feelings of revenge. This often leads to protracted litigation.
Most attorneys encourage their clients to compromise on issues regarding the distribution of assets and support payments. However, ending a marriage is an emotional battle. Of course, it’s also not unusual to fight over the children. Issues about custody and parenting time cause havoc.
You may encounter your first set of delay tactics when you initiate the divorce. Your spouse may avoid service of process. Meanwhile, you could also wonder if your spouse’s attorney is in on the game. Some common delay tactics include:
- Seeking time extensions on court documents or appearances
- Failing to respond to discovery requests
- Filing repeated motions with the court
- Refusing to meet for mediation
- Ignoring phone calls and other communications
In some cases, the delay tactics aren’t just used to infuriate you. The other intent concerns your budget. No doubt that planned obstruction of the divorce process costs money. However, that doesn’t mean your attorney can’t help you turn the tables.
For the most part, no one really goes into a marriage with plans of divorce. Timing may seem important to you. As you look at the start of 2020, this may be the right time for you. At the Law Offices of Sam Stoia, we provide prospective clients with a one-hour complimentary consultation. Give us a call to discuss your particular situation.