Zuba & Associates, P.C.

A divorce after New Years has benefits for Illinois residents

It can be agreed that there is no ideal time to file for a separation from a romantic partner. However, some believe that Illinois residents seeking divorce may benefit from waiting until January to do so, rather than beginning the process at year's end. For a variety of reasons, waiting until after the holiday season to file for divorce can make life easier for both parties.

Couples with children are keenly aware of the importance of the holiday season to the family dynamic. While it is not necessarily advisable to "stay together for the kids," waiting until after the holiday season has passed to file for divorce can limit the negative associations children might build between the challenge of the separation and the festive time of year. Additionally, the holiday season has its own unique stresses, and some suggest that compounding those stresses with a divorce filing can hinder the process.

There are also financial reasons to wait for January to file. For one thing, many states do not count accrued assets as marital after formal divorce proceedings have commenced, which means work bonuses might revert to the individual if the process is started prior to the holidays. Waiting until after may mean both parties will be entitled to an equal share, depending upon the property division negotiations. Additionally, closing out the calendar year as a couple can go a long way toward simplifying taxes for the year in question, allowing both parties to "start fresh" in the next year as individuals.

While it is not contested that divorce is a challenging process, there are many ways to help smooth the transition for both parties and any children involved. Waiting until the new year might seem difficult to Illinois residents seeking an end to their marriage. However, the decision may help to make the process more efficient in the long run.

Source: The Huffington Post, Three Reasons Why January May Be the Best Time to File for Divorce, Bari Zell Weinberger, Esq., Dec. 11, 2013

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Zuba & Associates, P.C

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6067 Strathmoor Drive
Rockford, IL 61107

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