Timing – When is the Right Time to Divorce?

No one wants to contemplate that their marriage may at some point end in divorce. Most parties fight hard to keep their marriage together, taking important measures such as counseling, or even trial separations. In some cases, these measures will not be enough, and the parties will decide to end their marriage. A common question is when is the best time to actually file for divorce?

One way to decide if the time is right for you to file for divorce may be other sources of upheaval in your life. Are you about to sell the family business? Change jobs? Start a new school program? For many of these issues, filing for a divorce at the exact same time as other sources of chaos and change in your life may simply add too much strain to you and your spouse. The rancor and anger that may come from your spouse when being served with divorce papers may end up disrupting your life even more.    However, these should not be used as excuses to move forward with a divorce if that is truly what you desire.  There is never a “right” time to get a divorce.   

Another way to look at it is how your current home life is impacting your children. Many couples make the mistake of "staying together for the children," but in many cases this may do more harm than good. Children are more than capable of sensing tension and anger between their parents, and seeing constant conflict is not in a child’s best interest. If you know that you and your spouse are heading for divorce, do not hold off on timing just for your child to graduate from high school or move out of the house. Two separate, happy homes is usually better for a child than one home full of discord.

Third, there are some important time restrictions when it comes to spousal support in New Jersey. When considering if it is time for you to seek a divorce, you should carefully discuss the availability of spousal support in your marriage vis a vis the New Jersey statutes and restrictions on spousal support. Similarly, military divorces can involve rights available to one spouse only after the parties have been married for a certain amount of time. These time-length statutes should be reviewed before making a final decision

The decision to divorce is a big one, and you need to understand how timing could play a role.  at (732) 529-6937 for an appointment to talk about your case and strategy.

Christina Previte

Christina Previte

Christina Previte, an accomplished divorce lawyer, has focused exclusively on divorce and family law since 2004. As a co-founder of Netsquire, she addresses a significant gap in the divorce industry. Christina provides couples with options for a more peaceful divorce. With degrees from Rutgers University and Rutgers Law School (Camden), including a judicial law clerk role, Christina’s experience is undeniable.

Her recognition on the Super Lawyers “Rising Star” and Super Lawyer lists reflects her commitment to transformative divorce practices. Through Netsquire, Christina streamlines divorce into three crucial steps: resolving legal matters, securing a signed settlement agreement, and navigating court filings. With a client-centric approach, Christina reshapes the divorce journey, guiding families toward smoother transitions and brighter beginnings.

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