Common practice holds that most couples wait until after the holidays to seek to end their marriages. In fact, this occurs so frequently that the Monday after the holidays has earned the nickname “Divorce Day” in legal circles. This makes a certain amount of sense, as many people don’t want to do something they fear might ruin the holidays for their families. However, there are a few reasons why someone in New York considering legal separation might want to go ahead and take the first step now.
The primary reason couples wait until the new year to divorce is to make sure their families have one last good holiday together. However, the holidays is also the most stressful time of year, and added stress on an already broken relationship can lead to a volatile situation, making what’s supposed to be a joyous time of year miserable for everyone involved, children included. Especially if abuse is involved, either verbal or physical, an immediate separation might be the best option for everyone involved.
The financial aspect of the situation is something else couples considering legal separation might want to take into account. When filing a tax return, the filer’s marital status depends on the status of the relationship as of the last day of the year. An attorney with experience in these issues can offer more insight into financial matters and property division in divorce, but the timing of the filing can affect how much a person will owe in taxes. It can even affect whether a spouse’s holiday bonus is part of a divorce settlement.
One last issue to remember is timing. With January being the month most inundated with divorce requests, it might actually take longer for the divorce proceedings that begin then to be completed, as the courts may be overloaded and have busier schedules. Starting divorce proceedings as soon as the individual is sure he or she is ready might give just enough of a head start to make a difference. Regardless of when a resident of New York decides he or she is ready for divorce, though, an experienced family law attorney can offer insight into how to make the proceedings go as smoothly as possible.
Source: union-bulletin.com, “Considering divorce? Why you shouldn???t wait until the New Year to file“, Kimberly Powell, Dec. 13, 2016