Untying The Knot: When to File for Divorce After Separation

Untying The Knot: When to File for Divorce After Separation

Finally, sorted out your separation and wonder when to take the next step? Divorce is a big decision and can lead to a lot of different outcomes depending on your situation.

Before you decide when to file for divorce, make sure you know what will happen when you do. Consider these factors so you can make the best choice for yourself and your family.

Table of Contents

The Type Of Separation

The question of when to file for divorce after separation can depend on the kind of separation you have. You may be debating divorce and unsure, and that could lead to delays.

If you are in a trial separation and haven’t drawn up a separation agreement, that could be a helpful step before diving into divorce. Some places want a length of time in separation to be observed before a divorce can be put through.

If you are in a permanent separation that is recognized by the court, you could file anytime as long as you are sure that’s what you want. Divorce separates assets, including healthcare and other benefits. So make sure you know what will happen once you complete the divorce before you begin.

Key Questions

Before you ask should I file for divorce, make sure you’ve asked yourself these other questions as well. Is there any possibility of reconciliation or are you in the process of counseling? If reconciliation is still an option, the divorce process should wait.

The cost of divorce can be high, so you shouldn’t rush into the decision as soon as you can. And also ask yourself if there are benefits to remaining married, like financial or health benefits.

Waiting For What?

If you know you want to get divorced and know the divorce process, there isn’t any reason to wait. You can file as soon as you feel ready and comfortable. You should be aware of the divorce cost that comes with the process, and if you will need lawyers to help negotiate.

The last step in a divorce can be going to court, but that is one most everyone wants to avoid. So if you can get to a good place before starting the divorce process to prevent that, it’s a good idea. However, you may also want to move on with your life and feel ready to take on what comes next.

In that case, you don’t need to wait and can file right away as long as where you live does not require a certain period of separation.

When To File For Divorce

There is no tried and true etiquette in determining when to file for divorce. It is a deeply personal decision between two people, and you have to do what is best for you. As long as you live somewhere that doesn’t legally require you to wait, you can file for divorce immediately.

Talk to a lawyer to learn about the possible timeframe for you, and make the decision based on your needs. Divorce is a difficult process, but it can also allow you to move on and start anew. If this helped you better understand your separation and divorce process, keep reading for more good tips.

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