When to File for a Divorce
Deciding to file for divorce is never easy. It’s a big step that affects your life, your family, and your future. Many factors can influence your decision, from personal reasons to legal considerations. This article will help you understand when to file for divorce and guide you through various situations you might face.
If you’re unsure about the best course of action or need legal guidance, Plog & Stein P.C. is here to help. Our experienced attorneys can provide the support and advice you need. Call us today or contact us online and take the first step toward a better future.
When Is It Time to File for Divorce in Colorado?
Knowing when to file for divorce can be confusing, and sometimes is a decision that takes a while to realize fully. Many people struggle back and forth with their emotions and question “how to know when to file for divorce?” before making a decision. This is one reason we’ve put together a thorough list of common situations that can help you decide whether to file for divorce now or wait.
File Now
Certain situations are urgent and require immediate action. If you find yourself in one of these situations, it’s important to file for divorce as soon as possible.
- My spouse has hit me and threatened to kick me out of the house. You should file for divorce now. Domestic violence is a serious issue, and your safety is the top priority – The National Domestic Violence Hotline offers support and resources.
- My spouse is threatening to take the kids to Florida and not come back. File for divorce immediately to protect your parental rights and prevent potential parental child abduction.
- My spouse left with the kids last week and is in Arizona. Filing for divorce can help you address custody issues and bring your children back.
- My spouse just got pulled over for a DUI with the kids in the car. This situation endangers your child’s safety. While your spouse may seek assistance or rehab, filing for divorce may be necessary to ensure your children’s well-being.
- I just discovered my spouse cashed out their $100,000 401k. File now to protect your financial interests before more assets are depleted.
- We have been separated for 6 months, and my spouse said they want to move back home. If you don’t wish to reconcile, filing for divorce can clarify your intentions and rights.
- My spouse just moved out of town and has left the kids with me. File for divorce to establish custody and support arrangements for your children.
- My spouse has locked me out of all the bank accounts. Filing for divorce can help you regain access to your financial resources.
- My spouse has asked me to leave the house. File for divorce to protect your rights to your home and other shared assets.
- My spouse has just been arrested for assaulting our daughter. For the safety of your child, file for divorce immediately and seek full custody.
- We are separated, and my spouse quit paying the mortgage and support. Filing for divorce can help you secure financial support and prevent foreclosure.
- My spouse has a Ph.D. and wants to go back to school. File now to address potential changes in income and support obligations.
- My spouse has listed our house for sale behind my back, and it’s titled just in their name. File for divorce to protect your share of the property before it’s sold.
- I am the primary breadwinner and got laid off a couple of months ago, but my spouse works. Filing for divorce now will address financial support responsibilities while not taking into consideration your previous income.
- My spouse makes $150,000 per year and is threatening to quit. File to protect your financial interests before your spouse quits and reduces the household income.
- My husband has cheated and gotten another woman pregnant, OR my wife is pregnant with another man’s child. If trust is broken and reconciliation is not an option, it’s time to file for divorce.
Taking swift action in these scenarios can protect your safety, rights, and financial well-being.
Wait
Some situations suggest waiting before filing for divorce. Here are instances where waiting might be beneficial:
- My spouse is the primary breadwinner and just lost their job. It might be wise to wait until your spouse’s financial situation stabilizes to better understand support arrangements.
- We are in the process of filing for bankruptcy. Wait until the bankruptcy is resolved to prevent complications in your divorce proceeding.
- Our oldest child is 18 and turns 19 in 10 months. Waiting until your child turns 19 can simplify custody and support issues.
- I just got pulled over for a DUI with our kids in the car. Resolve the legal issues first, as they can impact custody and support arrangements.
- I just cashed out my $50,000 stock account. Waiting can help you better manage your finances and asset division.
- My employer may transfer me to Minnesota, and my wife wants to stay here with the kids. Clarify your employment situation before making any decisions about divorce.
- Our house is on the market, and we have a couple of offers. Wait until the house is sold to simplify asset division.
- My spouse stays at home, caring for our 20-month-old. Consider the impact on your young child, that this difficult stage of life of trying to have a relationship while caring for a baby will pass, and explore options for support before filing.
In these situations, taking time to wait can help you make a more informed decision and avoid unnecessary complications.
When Should I File for Divorce? Personal Considerations
Besides the specific situations mentioned, personal feelings and mental health are also important. If you are unhappy, stressed, or feeling unsafe, these can be signs that it’s time to file for divorce.
When Can I File for Divorce in Colorado? Legal Considerations
If you’re considering divorce in Colorado, understanding the legal requirements is essential. Here are a few key points to know:
Residency Requirements
To file for divorce in Colorado, either you or your spouse must have lived in the state for at least 91 days before filing. This residency requirement ensures that the Colorado courts have jurisdiction over your case.
Grounds for Divorce
Colorado is a no-fault divorce state, meaning you don’t need to prove wrongdoing by your spouse to file for divorce. The only ground for divorce is the irretrievable breakdown of the marriage. This means that the marriage is no longer workable, and there is no chance for reconciliation.
Hiring an Attorney
Obtaining legal counsel can help you understand your rights and navigate the divorce process. Specifically, an attorney can assist with the filing process, including the petition for dissolution of marriage, serving the petition, and the waiting period.
Trust Plog & Stein P.C. for Your Family Law Needs
Answering the question, When is it the best time to file for divorce?, is a complex, personal and emotional decision. It involves considering your happiness, safety, financial stability, and children’s well-being. By understanding these different scenarios and the implications of each, and seeking legal advice, you can make an informed choice. Remember, filing for divorce is oftentimes a step toward a better future.
Plog & Stein P.C. has been exclusively focused on family law since 2001. We are committed to providing insightful and personalized representation in family law matters. As a full-service law firm dedicated to achieving the best possible outcome for each and every client we represent, we are proud to have earned an “Excellent” featured family law rating on Avvo and a 10.0 lawyer rating on Justia. If you are in a situation where filing is necessary, Plog & Stein P.C. can provide the guidance and support you need to navigate this difficult time. Contact us today.
