A common question people ask when they are considering divorce is: “When is the best time to file?”
Should you wait until the children finish the school year? Until after the holidays? Until a bonus is paid? Is January better than September?
The reality is that there is rarely one “best” date to file for divorce. For most families, the more important question is whether you are sufficiently prepared, financially, emotionally, and practically, to begin the process.
If divorce is something you are considering, here are five issues worth thinking about before making that decision.
1. Understand Your Financial Picture
You do not need to have every financial issue figured out before speaking with a divorce attorney. But having a basic understanding of your family’s finances can make a big difference.
Consider gathering recent tax returns, bank and investment statements, retirement account information, mortgage documents, credit-card statements, pay records, insurance information, and documents concerning significant assets and debts.
You should also have a general understanding of your family’s monthly expenses.
Many people are surprised by how much financial information is involved in a divorce. Obtaining that information early can help you make informed decisions rather than reacting to circumstances later.
2. Think About Your Children’s Schedule and Stability
When children are involved, there may never be a completely convenient time to divorce.
School schedules, sports, extracurricular activities, vacations, holidays, graduations, and other family events can all affect timing.
It is certainly reasonable to consider whether beginning a divorce at a particular time would cause unnecessary disruption. At the same time, parents should be careful about waiting indefinitely for a “perfect” moment that may never arrive.
What often matters most is having a thoughtful plan for maintaining as much consistency as possible for the children.
That means thinking about school, transportation, activities, holidays, parenting schedules, and how both parents can continue participating meaningfully in their children’s lives.
3. Consider Upcoming Financial Events
Timing can become particularly important when a family has a significant financial event on the horizon.
Is one spouse expecting a substantial bonus? Is a business being sold? Are stock options or other compensation about to vest? Is someone approaching retirement? Is the family considering selling or purchasing a home?
These events do not necessarily mean that someone should immediately file, or necessarily wait.
They do mean that it can be valuable to understand the potential consequences before making a decision.
Illinois divorce cases can involve the division of property and debts, maintenance, child support, and, when children are involved, parenting time and significant decision-making responsibilities. The financial circumstances of each marriage are different, which is why individualized advice can be so important.
4. Do Not Let an Arbitrary Date Make the Decision for You
There is a popular belief that January is the “best” time to file for divorce. Others decide they need to wait until summer, after the holidays, or until a particular family milestone has passed.
Sometimes waiting makes sense.
It may provide time to explore reconciliation, gather financial information, prepare a budget, arrange housing, or create a smoother transition for the children.
In other circumstances, waiting may simply prolong uncertainty or make an already difficult situation more complicated.
The calendar itself should rarely be the deciding factor.
Instead, consider what you would accomplish by waiting, and whether waiting actually puts you and your family in a better position.
5. Remember That Talking to an Attorney Does Not Mean You Have Decided to Divorce
This may be the most important point.
Meeting with a divorce attorney does not obligate you to file for divorce.
Sometimes the purpose of a consultation is simply to understand your options.
What might happen with the house? How are assets and debts addressed? What might a parenting schedule look like? What financial records should you gather? Are there things you should, or should not, do before filing? Is there a reason to act now, or would waiting make more sense?
Understanding the answers to those questions can help turn uncertainty into a plan.
So, When Is the Best Time to File?
There is no universal answer.
The best time is generally not determined by whether it is January, September, before the holidays, or after the school year.
It is when you understand your circumstances, have considered the consequences, and are prepared to make an informed decision about what comes next.
And sometimes the best first step is not filing anything at all.
It is simply getting good advice.
George S. Frederick is an attorney with Mirabella, Kincaid, Frederick & Mirabella, LLC. This article is intended for general informational purposes only and is not legal advice. Every family and every divorce presents different circumstances. Individuals considering divorce should consult with an attorney regarding their particular situation.
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