Should I File For Divorce Before Or After The Holidays?

Statistics show that most divorces are filed in the month of January.  The thought is that those people who have been planning to file for divorce will wait until the Holidays are over to avoid disrupting their families during Christmas or Hanukkah.  

However, there may be a good reason to file for divorce before the end of the calendar year.  It is important to know that you can file for a divorce, without your spouse’s knowledge, and you do not have to serve your spouse until after January.  In this way, you may be able to preserve certain advantages, yet, still avoid any Holiday disruptions.

Filing in the current calendar year may be to your advantage if you believe you made less in the prior calendar year than in the current calendar year.  When computing child support or spousal maintenance, the starting point is the last available W-2 statements and the last filed Tax Return.  If you made significantly less in the prior calendar year, then filing now may be to your advantage.

Of course, if your spouse also made less in the prior calendar year, you need to take that into account as well.

Another reason to file now, and then serve later, is that you may have more time to focus on your divorce in December than in January.  There is a common misconception that you are busier in December than in January, yet, some studies show that the opposite is actually true.

If you want to file for divorce in December, but, serve your spouse in January, then David Badanes and the Badanes Law Office, P.C. can help you.  They have represented countless client in their divorces.

If you are thinking of getting divorced, and live in Suffolk County, Nassau County or New York City, call David Badanes and the Badanes Law Office at 631-239-1702, email at or visit our web site:  The Badanes Law Office has offices in Northport and Garden City.

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