The Law Offices of James A. Cuddy, LLC

Planning for divorce, Part I - When not to file

Planning for divorce is an important, yet seemingly underutilized aspect of the process. It almost appears as if people get upset, feel as if they cannot take any more of their spouse, and decide to meet with a lawyer to get out of the marriage as soon as possible. We understand that you can feel trapped, depressed or angry about being in a bad marriage, but you don’t have to go through emotional and financial trials getting out of it.

Since planning is a good way to avoid these issues, this post will focus on times where should not initiate a divorce. Serving your soon-to-be ex at the wrong time could cause more strife.

At a friend’s wedding – Weddings are a time of happiness; a chance to show support for a new couple who pledge their lives to each other. It is not the time to show your spouse that you want to move on. Simply put, avoid the urge to serve a petition at a gathering.

At a family event – Like a wedding, a family gathering is supposed to be a time of celebration. So if you are invited to Easter dinner or a loved one’s graduation, keep in mind that there are better times to initiate a divorce; even if you hate the family you married into.

Before a bankruptcy – Financial issues often lead to divorce. But if you are going to split before filing a bankruptcy petition, things could get a lot more complicated with splitting assets and debts. So you may want to ride out the bankruptcy before filing a divorce petition.

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