When is the best time to file for divorce?

July 29, 2019

When to file for divorce is one of the most personal decisions you will ever make.   Friends, family, and coaches may guide you, but the final choice is yours.


When is the best time to file for divorce?  When you have done everything possible to save your marriage, but it is no longer working.

Every divorce is different with its own facts and circumstances.


The following are three issues to consider:


  • Preservation of assets – If you are fearful that your spouse will sell off marital assets before the divorce, file a complaint for divorce immediately. Once the complaint is filed, and your spouse is served with the complaint for divorce, there is an automatic restraining order preventing the sale and transfer of any marital assets without the permission of the other party.


  • Safety – Any physical or verbal abuse should not be ignored. If the situation is volatile, contact professionals who can assist you with setting up a safe space or an attorney to discuss whether you should seek a restraining order.


  • Finances How will I survive?   Will I be able to afford to stay in the house?   Am I entitled to alimony and child support?    These are all common concerns that can be discussed before starting the divorce process.  The more informed you are about the law and options concerning your specific situations, the better prepared you will be to persevere through the process.   Attending divorce workshops, consulting with an attorney, divorce financial analyst or other financial specialist, before you begin the proceedings, may help you to be better prepared and protected throughout your divorce action.


There is no such thing as a one size fits all strategy for divorce.  Why would you hire a one size fits all attorney?  Attorney Robin Fleischer represents clients in contested, uncontested and mediated divorces.  Contact Fleischer Law Solutions to schedule a consultation to discuss how to achieve the most equitable settlement you deserve.