If you have decided it is time to end your marriage, you probably think it is time to file for divorce. However, just because you have accepted that your marriage is over does not necessarily mean that now is the right time to legally dissolve the relationship. In some cases, it is imperative to be strategic about the timing and sequence of a divorce filing.

While there is never a perfect time to file for divorce, there are some circumstances that make one time better than another, sometimes urgently so. To determine what is best for you and your emotional, financial ,and legal priorities, it is best to begin talking with a New Jersey Supreme Court Certified Family Law Specialist informally, and on the earlier side rather than the later.

The following are factors that influence the timing of a divorce filing in New Jersey:

1. Inheritances or bonuses: If one spouse foresees a financial windfall, this could be considered marital property–and thus subject to division–if it happens before the divorce.
2. Underwater mortgage: When homeowners owe more on a mortgage than the house is worth, it can be very difficult to deal with this during divorce. The number of homes underwater has been decreasing, and many couples are choosing to wait to divorce until they are back above water. This is not a good solution for everyone, but it is something to consider.
3. Big family event coming up: Of course, if your child is getting married next month or the holidays are right around the corner, the timing probably is not right to announce a divorce.
4. Business partnership concerns: Family businesses can cause complex property and asset division issues. Often, couples choose to sell their businesses when they end their marriages. In such cases, it may be important to sell the business prior to filing the official divorce papers.
5. Someone’s pregnancy inside or out of the marriage:  Self-evident.

As mentioned above, it is important to talk to a Certifed and experienced family law attorney as soon as you decide to end your marriage, and together you will determine the best divorce strategy.

Source: MarketWatch, “When’s the worst time to get a divorce?” Quentin Fottrell, May 22, 2014