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When to file for divorce: Does timing make a difference?

On Behalf of | Dec 2, 2019 | Blog |


You’ve made the decision to file for divorce. Now, when should you do it? You should consider a few issues before you decide when to file for divorce to protect yourself and your loved ones. Below is a list of what to consider and when it is the most beneficial time to file for divorce depending on your circumstances.

Child custody issues

Child custody is a serious issue and continues to complicate the divorce process. Waiting until the kids are older may be beneficial if you are worried about how they will handle the split. However, staying together just for your children may do more harm than good so it is best to consider how delaying the divorce will affect your children.


An option for those who have been married for less than five years, share no mutual children, no estate, and have limited community property and debt, filing for a summary dissolution has the same legal effect as a divorce except it is much speedier. This is something to consider to help you and your family move forward with your lives.

Legal separation

Filing a legal separation can either be a permanent solution or a quick fix. For those who may not feel quite ready for divorce, filing for a legal separation is great for couples who have children and assets to divide but are not quite ready for divorce. A legal separation could be just what is needed to allow each partner the space to regroup and come up with a plan on working together as a family in the future.


Overall, there may never be a great time to file for a divorce. However, understanding what to consider when making this decision can help you and your family through this process. It is best to consult an attorney to discuss your options before filing for divorce.