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Is now a good time to file for a divorce?

If you're reading this blog, the real question on your mind probably isn't, "Should I file for a divorce?" It's much more likely to be, "When should I file?"

If it weren't for the fact that you're already in the middle of the winter holiday season, your path might be clear. As it is, however, these are the questions you might want to consider:

1. Can you stand another holiday under the current circumstances?

If you and your spouse are at each other's throats most of the time, delaying your divorce won't make it easier to look back on the holidays and separate them from your marital troubles.

2. Do you feel motivated to make a clean break?

The idea of a "new year, new you" can be highly appealing when you've been unhappy for a long time. Sometimes the holiday season gives people an opportunity to break free from a marriage that's been oppressive. They can use the seasonal events to reconnect with family and friends and start establishing themselves as a single person once again.

3. Are their kids involved in the situation?

If you have children, you may want to have a long talk with your spouse and see if you can both agree to put on your cheeriest holiday smiles and see the season through together. That way, your kids won't always associate the holidays with their parents' divorce.

4. Would it be financially easier to wait?

Waiting until after the first of the year to divorce does give you some financial benefits. All of the year's income will be in, which means that it will be easier to capture things like year-end bonuses for the purposes of support calculations. You can also use your share of the tax return, if you're due one, to fund your new home and divorce fees.

If you're thinking about divorce and can't decide if it is the right time to file, consider talking to an experienced attorney and discussing all of your legal options.

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