October 27, 2017 | Share
What Factors Should Influence When to File for Divorce?
When contemplating a divorce, there are several questions you need to answer. From legal questions (i.e. “Which assets do I want to protect most during my divorce?”) to those that are more practical in nature (i.e. “Am I prepared to devote the necessary time and attention to the divorce process?”), all of these questions are important, and your answers will help to shape what you can expect both during your divorce and once your marriage is over.
Of course, there are many questions that you will not be able to answer on your own. Getting a divorce is a complicated process, and from deciding when to file to understanding when you have reached a fair settlement with your spouse, you will need help making informed decisions along the way. So, let’s start at the beginning: What factors should influence when you file for divorce?
1. Are you prepared for the process?
When you file for divorce, it is important to be prepared for the weeks and months to come. From emotionally preparing yourself to gathering the necessary records and thinking about what matters most to you in terms of the outcome of the process, the more prepared you are, the less-stressful the process will be.
2. What is the current state of your relationship with your spouse?
The current state of your relationship with your spouse can influence your divorce in a number of different ways. Most importantly, if you feel that you or your children are in danger, there are emergency legal remedies available – and you can seek these remedies even without filing for divorce.
Beyond this issue, do you think that you and your spouse will be able to resolve your divorce amicably; or, are you expecting your divorce to end up in court? There are a variety of methods for coming to terms in a divorce; and, while litigation will be necessary in some circumstances, even severely discordant spouses will often be able to resolve their differences through less-formal channels.
3. Is your spouse also thinking about filing for divorce?
If you and your spouse are at odds and you think your spouse may also be considering a divorce, it is worth considering whether you should be the first to file. Being the spouse who files for divorce can have certain benefits, and you will want to weigh these benefits against any countervailing considerations.
4. Is it worth considering alternatives?
Finally, if you are considering a divorce, is it also worth considering potential alternatives? While divorce is the best option for many couples, therapy and other non-legal and legal alternatives can provide solutions under the right circumstances as well.
Speak with the McKinney Divorce Lawyers at Nordhaus Walpole PLLC
If you would like more information about the considerations involved in filing for divorce in Texas, we invite you to schedule a free consultation at our offices in McKinney. To schedule an appointment with one of our experienced divorce lawyers, please call (214) 726-1450 or inquire online today.
Categories: Family Law & Divorce