Should I Start The Divorce Process Or Should I Wait?

David P. Badanes, Esq.

You want to get divorced, but you don’t want to be the person to initiate the divorce. Or, you are not sure if you want to get divorced, but you believe your spouse is going to file for a divorce. Many of my clients ask me if they should file for a divorce or wait.

Getting divorced is difficult and can be a very emotional time. However, there are very good reasons why you may want to file for a divorce as soon as possible and not wait.

If you wait to start the divorce process each day you wait, gives your spouse the opportunity to:

1. Take money out of the bank accounts and use that money to bankroll his/her divorce attorney or just spend it on themselves. Any money taken out of bank account, BEFORE someone files a divorce will be difficult to get back.

2. Take out loans or incur debt that you will be 50% responsible for. Any loans or debt that is incurred prior to the filing for a divorce, you may be 50% responsible for.

3. Gather evidence against you. Before a divorce is filed, you may have your guard down. Your spouse could be filming you or taking audio recordings of you, hoping to use them against you in the divorce.

Accordingly, it may be in your best interest to start the divorce process as soon as you think you are getting divorced. If, later on, you decide you do not want to be divorced, you can always withdraw the divorce action.

If you are thinking of getting divorced, David Badanes and the Badanes Law Office provide a free 30-minute consultation. Contact David Badanes and the Badanes Law Office at 631-239-1702, email at david@dbnylaw.com. The Badanes Law Office has offices in Suffolk County (Northport) and in Nassau County (Garden City). In addition, The Badanes Law Office can arrange to meet you in Manhattan, Queens or Brooklyn.

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