Divorcing During the Holidays

If you’re going through a hard time with your spouse, you may have realized that divorce is the only solution. Given that it’s November, you may be wondering, “Should I divorce before or after the holidays?” We bring this up because it’s a question that goes through a lot of clients minds between November 1st and January 1st.

Should people divorce after the holidays? There is no right or wrong answer to this question. Often, the answer comes down to whether the couple has children living at home and whether domestic violence is an issue. Other factors, such as holiday traditions, nonrefundable plane tickets, and vacation plans can affect the timing of a divorce during the holiday season.

Having One Last Holiday as a Family

When a couple has younger children at home, they may want to hold off the filing of their divorce until after January 1st so they can have one last Thanksgiving, Christmas or Hanukkah together as a family. Usually, there is no harm in delaying the divorce filing a couple of months if the spouses are managing to get along, and the home environment is not particularly volatile.

On the other hand, if the couple is constantly arguing in front of the children; for example, because infidelity was recently discovered, or if the parents can’t stand to be in the same room together, or if one of the spouses is verbally or physically abusive and controlling toward their spouse or children, it does not make sense to prolong the pain for the sake of the holidays.

In the case of spousal abuse or child abuse, we urge domestic violence victims to contact a divorce attorney right away to seek help leaving safely and protecting their parental rights during the divorce process. If a child is being abused or if they are witnessing spousal abuse, measures should be taken promptly to end the dangerous situation and ensure the child is in a safe, loving home with the innocent parent, not the abuser.

For childless couples, there’s usually no reason to delay the filing of the divorce until after the holidays, unless they have reasons for waiting until after the New Year.

To file for divorce in San Diego, contact Claery & Hammond, LLP today!

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