For a wide variety of reasons, the start of the year and January in particular are times in which family law attorneys hear from many new potential clients regarding seeking a divorce. Every situation is different, but sometimes one spouse wants to make it through the holiday season before bringing up divorce. Or what was hoped to be a holiday season of rejuvenation and reconciliation for a marriage fell flat. Or a new year with new goals and approaches may spur one spouse into taking action to improve their lives. But is there really a best time of year to file for divorce? Yes and no.
There is not a generally applicable time of year that is best suited for all couples seeking a divorce, but there may be a particular time of year for your situation that best fits your needs. Figuring this will often mean speaking with a family law attorney who can provide an assessment of your situation and counsel regarding the relative merits of your timing options. Here are a few additional issues to think about.
The Date of Separation is More Important Than the Filing Date
In many states, including California, the date of separation, as opposed to the date the divorce is actually filed, is the more important date. In California, the date of separation is defined as the date that at least one member of the marriage decided to end the marriage and made that intent clear to the other spouse.
This date is important because it is the date the court will look at (and, again, not the date the divorce was filed) when deciding how to split up property, how to award spousal support, and other important matters. For example, if you told a spouse that you wanted a divorce in November, but waited to file until February to share in a bonus check that was coming your spouse’s way, you may be at least partially out of luck because the court will look to November as the end of the marital period for financial purposes.
The Date of Your Final Order Will Control for Tax Purposes
Another time-of-year issue spouses are concerned about is how a divorce will affect their taxes. After a divorce, both spouses will be required to file their taxes separately as single taxpayers. Similarly, prior to a divorce finalization, spouses cannot file as single taxpayers (unless they elect “single filing separately” which usually leads to much higher tax payments).
This is an important issue for spouses to understand, but the critical point here is that this issue will be determined by the date the divorce is finalized, not the date in which it was filed.
That said, because divorces in California take at least six months from the date of filing to be finalized – and sometimes longer when issues need to be worked out – it can be helpful to work backwards from that potential date of finalization to determine when the divorce should be filed.
Professional Guidance to Advise You on Timing
Based on the above issues, there is (again) no one-size-fits-all financially optimal time of year for filing for divorce. Divorce is of course both an emotional and a financial issue, and it important for both spouses in a divorce to understand how their finances will be treated during and following a divorce, with an eye to property distribution, spousal support, child custody schedules, and child support.
There may be factors in your life which do weigh in favor of a specific time of year for filing, and an experienced family law attorney can guide you through that analysis and process. It is also important to understand that many people seek out the counsel of a family law attorney and ultimately decide not to go forward with a divorce, thus you should not feel like obtaining the guidance of a professional regarding your circumstances means you cannot later modify your plans.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.