TJC ESQ is now part of Burns & Levinson


| Dec 6, 2016 | Divorce

We are always told to listen to our hearts and follow our instincts – it really is pretty good advice – so when someone wants to file for divorce, they generally head to the courthouse as soon as they are certain the marriage should come to an end. This is not always the case, however, as some people choose to wait and intentionally delay before filing. What would cause them to believe that there was a right or wrong time to file for divorce?

People may choose to delay their divorce for the following reasons:

  • Financial uncertainty: Whether your finances are fluctuating for better or for worse, divorce popping up in the middle of them can add a pretty big wrench into the works, especially if you are trying to sell a business that both you and your spouse share. High asset divorces tend to be complicated as they are, but a significant financial loss or boon in the near-future makes it all the more intricate. Waiting until things settle could help protect your assets and ensure you get to keep your fair share of them.
  • Empty nest: Many divorcing couples cannot stand the idea of making their children travel between homes every week or month, depending on the custody agreement. Holding off until the nest is empty can sidestep that stressor and also help your children handle the situation, assuming that their increased age and maturity are paired with an increased understanding of why you might want to divorce.
  • Physical health: In some situations, divorcing could potentially put one spouse in physical jeopardy if they are reliant on the marriage for their health insurance coverage. Does that mean you must work things out with your ex-spouse if you share a health insurance policy? One way around getting stuck in a marriage that you don’t want to end but also not strip away your spouse’s necessary insurance is filing for a legal separation with special stipulations.
  • Major life events: Specific dates on the calendar can make some people decide to hold onto their marriage for a few more months, just to avoid any potential awkwardness. Is your child getting married or graduating soon? Maybe the holiday season is right around the corner? Some spouses choose to wait until there is a noticeable gap in major life events.

When everything is considered, choosing when to file for divorce still comes down to following your heart. If you truly believe waiting a little longer will be fine, it might be worth considering in more detail. If you want out of your marriage, don’t let possible complications scare you from taking the leap.

At TJC • ESQ, our Providence divorce attorneys can provide compassionate and dependable legal counsel for all your family law concerns. If you need help filing for divorce, or aren’t sure if divorce is the right solution, contact our team for a free consultation.


Sad Child
American Association For Justice
Pound Civil Justice Institute Member Fellow
NewsWeek Leaders in Showcase Family Law 2011
Super Lawyers Timothy J. Conlon Selected in 2020
AV Preeminent
The Best Lawyers In America