A question our office frequently gets is, “How do I know when to file?” Every case is different; and the answer often depends on your unique circumstances.
Domestic Violence
If you are in an unsafe relationship, it can be imperative to take steps to get your case filed so that temporary orders to protect yourself, your children, and your estate can be entered. On the other hand, filing too soon or without a carefully thought out plan could put you in more danger.
Asset Dissipation
If your spouse is threatening or has started to drain your bank accounts, sell you property, change the beneficiary designations on accounts, cancel insurance policies, or stopped paying the bills, it may be time to file. Once the case is filed, our office can request temporary orders to protect you from these types of actions. These orders are often called, “Mutual Restraining Orders,” or “Status Quo Orders” and are meant to keep your marital estate intact through the divorce process.
If the dissipation has already begun, we can file a Motion with the Court asking the Judge to Order that the estate be restored to its previous condition after the case has been filed.
Marriage Counseling
Maybe you’ve been thinking about a divorce for some time and have tried marriage counseling. If your partner is unwilling to try counseling or won’t put forth the effort necessary to make progress in counseling, it may be time to file.
Fighting in front of Children
Of course, physical violence in the home is never acceptable. But you also don’t want your children to be exposed to excessive arguing and tension in the home. If you don’t see an end to the arguing in sight, then it may be time to considering filing for divorce. Children deserve to grow up in a home that is happy and healthy with positive relationships whether that is a two-parent home or a single-parent home.
No two cases are the same and the time to file can depend on many different factors. Schedule a consultation today to discuss your circumstances with an experienced divorce lawyer at the Lashier Law Firm.