Monday, November 19, 2012

Why you shouldn't wait until after the New Year to Start your Divorce

If you know that divorce is imminent, you may be tempted to wait until after the holidays.  In some cases, that is a wise decision.  However, waiting until January may not be the best decision in other situations. Here are some reasons why it may be best to go ahead and start the process now:

  1. Filing the divorce can curb holiday spending.  If you are worried that your spouse may go overboard at the holidays consider whether or not knowledge of divorce may cause him/her to avoid impulse purchases.   If you live in a Texas county with “standing orders” there are also court orders restricting spending and these orders will apply as soon as the case is filed. (Montgomery county Texas and some other Texas counties have these standing orders). 
  2. You can ask for a court hearing to deal with additional issues and get temporary court orders that will be in effect through the holidays and afterwards. These orders will be more specific than the general “Standing Orders” and will deal with spending money, paying bills, taking care of property, and visitation with the children.
  3. If you are in an abusive relationship, or one in which your spouse is dependent on alcohol or other substances, you may benefit from having an attorney prior to the difficult holiday season. Knowing that you have an attorney, and the case is assigned to a specific court may make your spouse think twice before acting out and will create consequences if s/he does.
  4. All cases, even agreed ones, must be on file at least 60 days in Texas before they are finalized. You can start the “clock ticking” by filing sooner, rather than later.
Every case is different, so you can’t automatically assume that it is a bad idea to get things started prior to the holidays.  Even if you choose not to file the divorce (or choose to file it but not have your spouse served right away), you can see a divorce and family law attorney. At the divorce consultation the family law attorney can tell you about the process, explain your rights, and help you plan for the future.  This can lead to feeling less anxious at the holiday season. The divorce and family law attorneys at the Kalish Law Office in The Woodlands Texas have been representing clients in Montgomery, Harris and surrounding areas for nearly 30 years.