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Decades Of Litigation Experience

When should I file for Divorce?

| Mar 9, 2021 | Family Law |

By Regina M. Competiello, Esq.

No one jumps into the decision to get a divorce over night, but like many things in life, timing is everything. First and foremost, if you are the victim of domestic abuse, do not wait. There is nothing in life worth risking your life for. Get out, get somewhere safe. Then call the police or an attorney to start a proceeding to get you an order of protection.

If you are divorcing in an amicable manner and think time is on your side, delay may only end up costing you. In New York, equitable distribution assets considered by the court are things like your house, your car, your pension, your business, bank accounts, frequent flier miles, investments, etc.

To value these assets and determine what is going to be distributed the Courts consider the time period from the date of marriage until the commencement of the divorce action. What does this mean? If you wait, more of the asset will be considered for valuation. So, for example, if you plan on buying out your spouse from the marital residence and the home appreciates in value while you are waiting to file, you will have to spend more on the buy-out. Conversely, if you have a multitude of airline miles, and they are used by your spouse before filing, you may not receive the benefit of them. For these reasons, filing sooner rather than later will be to your benefit.