“When should I file for a divorce?” The short answer is: when YOU decide that the time is right for you. Friends and family will offer their advice and counselors and pastors may help you through some of the confusion and emotional trauma, but you will have to make the decision when you are ready. You will most certainly struggle with self- doubt and concerns for the future. At V. Freitas Law, LLC we would like to offer you the following practical guidelines to help you determine if you should file a divorce or wait. Since no two circumstances are ever identical we recommend you contact us for a consultation on the advisability of starting a divorce action. Our many years of experience will prove invaluable in guiding you through this life-changing process.
Rule #1 is “Safety First”. If your spouse is abusive, mentally ill, or an alcoholic or drug addict that presents a danger to the children’s safety? If so, you should consider filing very quickly as your primary obligation is to protect yourself and your children from danger or harm. The presence of the above issues will impact the parenting plan for your children and may impact support issues as well.
If your spouse just moved with your children to another state, you should file immediately. Questions regarding which state in which to file are best left to professional attorneys as the laws in the other state might actually be better for you to file under. At V. Freitas Law, LLC we would be happy toadvise you on this and/or assume the entire case for you here in Seattle. This should be done immediately because any delay may establish the children’s residency in the other state.
Finally, you need to consider your financial position when deciding the best timing for filing for divorce. If you just lost your high-paying job and you provide the financial support for your spouse, this would be an ideal time to file. Your income is the basis for determining the amount of child support and spousal maintenance you will be required to pay. Also, if your spouse just sold a major asset like stocks, a retirement fund or real estate and converted them into cash, that might signal a good time to file in order to protect your interest in those funds. If your spouse just closed a joint account and put all the money in their name. then you should file immediately so that you can obtain a financial restraining order and seek to freeze accounts, require the return of funds to the community accounts, etc.
Divorce is a complicated and timing is an important decision among many other important decisions which impose themselves upon you at a time when you are emotionally stressed and not thinking rationally. There are a lot of pitfalls on the way to a better life. There can be no substitute for an experienced Seattle divorce attorney to avoid common pitfalls. A mere “mediator” will not necessarily take all of the complex issues into account. For the most professional type of representation you could find contact our Seattle divorce attorney team at V. Freitas Law, LLC. Call us now at (206) 328-7362.