Experts Advise Divorcees To Delay Until New YearBy Eiges & Eiges, PC
Jan. 7, 2013 3:43p
Wait 'Til After Holiday Season To Divorce, Attorneys Argue
After a recent report was released by news outlets interviewing several top divorce specialists, the verdict is in: it is usually better to wait until after the holidays to pursue a separation from your spouse. Due to financial rules and regulations, plus a few common sense considerations, lawyers advise clients to hold off on the paperwork until January.
After being interviewed, one prominent New York family law attorney was quoted telling clients to delay their divorce plans until the financial dust has settled for the year. By waiting until January or later, the client should be entitled to any end-of-year bonuses or windfalls awarded to his or her spouse.
"In New York, at least," the attorney advised potential divorcees, "once you file for divorce and you set the cut-off date, anything you obtain afterward is separate property."
This gem is just one piece of smart advice recounted by divorce experts in the report. Other solid reasons based on financial suggestions include the need for time to prepare paperwork; many couples continue to file as a joint household in the middle of divorce proceedings for the tax benefits, which might be surrendered if you file too early.
Family law specialists also claim that while the holidays are always a time for spending, the bills never add up more quickly than in the middle of emotional turmoil. A spouse served divorce papers before Christmas or other big spending dates might be tempted to rack up debt on presents to soothe the pain of separation. Wait until the season is over, one attorney advises, and you might just soften the blow to your credit card.
Finally, and perhaps most importantly, several experts argued that filing for divorce in the middle of the holiday season could permanently sour your relationship with your ex. While any jilted spouse is likely to harbor some anger and resentment, husbands or wives who feel that their favorite holiday was ruined by tidings of divorce might be less willing to settle or negotiate at all, potentially dragging out your family law proceedings for months longer than necessary out of sheer spite.
One New York divorce lawyer recounted a precautionary tale of a client who was informed by a former lover that she was pregnant, with a child she believed was his. Rather than ruin his family's Christmas with the news, the client insisted on a paternity test. The child turned out not to be the client's, and he later negotiated a relatively peaceful divorce with his wife. Had the holiday season been soured, the attorney implied, who knows how much worse the divorce might have turned out for his client?
A Family Law Attorney Is Here For You
Should you be considering a separation from your spouse, it is imperative that you contact a trained family lawyer right away to discuss your situation. Before you make any rash decisions, please speak with an attorney from Eiges & Orgel, PLLC to learn more about your options and responsibilities in the aftermath of a divorce filing. Whether you wish to learn about alimony payments, child custody rules, or any other aspect of family law, a lawyer with our firm is here to help. Visit our website right away and educate yourself before it is too late.
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