Initiating A Divorce During The Holidays

Louisiana divorce statistics have consistently shown a high rate of divorce following the new year. Although many choose to wait until after new years to file, it is not uncommon for people to start initiating the divorce during the holidays. If you have decided to proceed with your divorce during the holiday season, here are some things you should consider before moving forward.

KEEP THE PROCESS AWAY FROM CHILDREN
- The holidays are a time which many children look forward to all year. It would be unideal in most cases to announce your divorce during the holidays. It is ultimately your decision when to inform the children of the divorce. It is important to safeguard the children by avoiding visible conflict, heated discussions, and legal talk in their presence.
GATHER INFORMATION
- Now that you and your spouse have initiated your divorce, it is a great time to gather essential information and documents. The sooner your divorce attorney has all relevant documents and financial records, the sooner they can get started on helping you achieve your case goals.
CONSULT AN ATTORNEY
- Selecting a divorce attorney to represent you is one of the most important initial steps to a divorce. Not all divorce lawyers have the same level of experience in certain aspects of a divorce case. If you have a lot of assets or own a business with your spouse, you will need someone experienced in the valuation of complex assets.
  - To gain a better understanding of how to select a divorce attorney, visit our blog.(BLOG: HOW TO CHOOSE A DIVORCE LAWYER)

Red and White Peanut Food Instagram Post.png — ***Reduced Social pressure***The holiday season is full of gatherings with family and friends. Filing for divorce before they begin saves you from the pain of having to keep up appearances at these functions.Waiting PeriodsIn Louisiana, you must be separated for at least 180 days (365 days with children) to file an Article 103 divorce. Whether an Article 102 or 103(1) divorce will work best for you largely depends on how long you and your spouse have been separated.Emotional reliefThe decision to end a relationship can be traumatic, chaotic, and filled with contradictory emotions. The processes of a divorce can be emotionally tiring, it is essential to give yourself enough time to grieve.Financial ImpactA) All income or assets earned before the filing date are considered marital assets. This means that they are subject to equitable distribution during your divorce case.B)Filing before the end of the calendar year changes a couple’s tax filing status. Being able to complete one more “married, filing jointly” return is incentive enough for some couples to wait until the New Year to officially file for divorce, and for the spouse who wants to maximize future child support benefits, waiting until the other’s end-of-year bonuses have been received can help.

The team at The Louisiana Family Law Firm is dedicated to providing you with everything you need to make informed legal decisions. Whether you require assistance with a divorce or an adoption, we are here to help. Contact us today for an opportunity to discuss your legal issue.

Darby Mann

Initiating A Divorce During The Holidays

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