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Picking the Right Time to File For Divorce

Facing the fact that your marriage is in trouble is never easy. You want to take whatever time is needed to ensure that you’re ready before taking the legal steps to file for a divorce in South Carolina. At the same time, you want to avoid waiting too long, which could jeopardize your well-being and your rights in these proceedings. As an experienced Aiken divorce attorney, we recommend considering the following important issues when picking the right time to file for divorce.

Preparing Yourself For Divorce

You likely gave considerable thought to beginning a relationship with your spouse and whether you were ready to get married. You want to give the same consideration to getting a divorce. Areas to consider include:

  • Finding a place to live or deciding whether you want to remain in the family home

  • Determining whether counseling might be helpful during a separation

  • Deciding on how you will support yourself if you do get a divorce

  • Considering how you will tell your children and what types of custody arrangements may be in order

It is also important to emotionally prepare yourself for a divorce and the resulting legal proceedings. Psychology Today warns that a knee jerk reaction could leave you with regrets further down the line. It could also cost you time and money if you file for divorce but later decide against it. That being said, really be sure of your motives. Filing for divorce to try and intimidate your spouse or as a means of “getting back at them” rarely works. Filing for a divorce should be a rational decision and one that protects your best interests.

Signs That It Is Time To File For Divorce

It can take time to reach a point where you are emotionally prepared for a divorce and are 100 percent certain in your decision. However, there are practical signs in your marriage that signal that you need to act rather than delaying the matter any longer. These include:

  • You notice property is missing. Under the South Carolina Statutes, any marital property you acquire over your marriage is subject to equitable division in a divorce settlement of order. If you notice property is missing, you need to take immediate action.

  • Your spouse is no longer making deposits into joint accounts. This could be a sign that they intend to file for divorce and are making sure they are financially prepared.

  • Your spouse had an affair or engaged in other marital misconduct. This can entitle you to a greater portion of assets in your settlement, but only if you act on it within a reasonable time.

  • Fights are escalating or your spouse has gotten violent. In this situation, you need to get yourself to safety and speak with a family law attorney immediately.

Contact Us Today for Help

Picking the right time to file a divorce is never easy. But, at the Surasky Law Firm, LLC, our goal is to protect your rights and well-being during this time. To discuss the options you have in your situation, contact our Aiken family law attorney and request a confidential consultation today.

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