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Why Now Might Be the Best Time to Start Your Divorce Journey Without Litigation

Sep 20, 2024 | Divorce Papers, Is It Time To Divorce?, Mediation

Divorce is never an easy decision, and for many couples, it’s a process that they want to approach with care and thoughtfulness. If you and your spouse are considering ending your marriage but prefer to avoid the conflict and financial burden of litigation, you’re not alone. More and more couples today are opting for amicable divorces, where they can work together to maintain control of their situation, protect their children’s well-being, and save thousands of dollars.

But when should you take that first step? You might be asking, “Is now the right time?” With the year coming to a close, you may be surprised to learn that the end of the year is an ideal time to begin the process of amicable divorce. Whether you’re in a state with a longer waiting period or one with a quicker process, there are several reasons why starting now could work to your advantage.

1. The Current Economic Situation

The current economic climate is a key consideration when thinking about your divorce timeline. Inflation, rising costs of living, and economic uncertainties have put additional strain on many families. If you’re already thinking about divorce, waiting could mean increased financial strain as costs continue to rise.

Why it matters: Legal costs for traditional litigation-based divorces are high, often reaching tens of thousands of dollars, and that’s not even considering the emotional toll. Choosing an amicable divorce not only helps you retain control of your finances but can also ensure that your hard-earned money is spent on things that matter most to you and your family’s future, rather than being lost to court fees and prolonged battles.

By taking action now, you and your spouse can enter the new year with a clearer financial picture. Budgeting for your post-divorce life can begin earlier, giving you time to adjust and plan with purpose.

Current tax laws also make it an advantageous time to finalize certain financial arrangements. For instance, depending on your situation, you may still be able to file taxes jointly for the current tax year, which could be beneficial from a financial standpoint. Divorce decisions made after January 1 might impact how you’re required to file and what deductions you’re eligible for, meaning you could lose out on potential savings.

2. The End of the Year is a Natural Time for Transitions

Many people view the end of the year as a time of reflection, renewal, and transition. As the year winds down, we naturally begin to take stock of where we are in life—our relationships, our goals, and our happiness. The holiday season, while joyful for many, can also bring clarity about what is no longer serving us.

For couples who are thinking about divorce, this period of reflection can be a time to calmly evaluate their relationship and whether it’s time to move forward separately. The holidays often offer more time away from work and daily routines, giving couples space to have important conversations about the future in a less rushed or pressured environment.

Choosing amicable divorce allows you to do this thoughtfully, without the added stress of court hearings or legal battles. You maintain control over the pace and the details, ensuring that the decisions you make reflect the best interests of both you and your spouse.

Reflection and forward-thinking: Many couples appreciate the idea of starting the new year on a fresh, new path. By beginning the divorce process now, you are more likely to have the major decisions settled or in progress by the time the new year rolls around, allowing you to enter January with a sense of closure and direction. Instead of feeling like you’re carrying unresolved issues into the new year, you can start it with a renewed focus on personal growth and a positive future.

3. Minimizing the Emotional Toll Over the Holidays

The holiday season can be an emotional time, especially for families with children. For many, the holidays represent togetherness, and it can be hard to imagine initiating or finalizing a divorce during this period. However, beginning the process now could help you manage those emotions more effectively in the long run.

For couples with children, an amicable divorce allows you to work together to create a parenting plan that keeps your kids’ best interests at heart. While the holiday season can highlight the emotional difficulties of divorce, it can also be a time to model healthy co-parenting by showing your children that you and your spouse can navigate challenges with dignity and mutual respect. You may also be able to decide together how to handle upcoming holidays, whether it’s staying under one roof temporarily for your children’s sake or alternating holiday traditions.

Taking steps toward an amicable divorce now allows you to keep the emotional strain in check and provides space for a smoother transition for everyone involved. The last thing anyone wants is a contentious divorce clouding what should be a time of peace and goodwill.

A more thoughtful, less painful holiday season: By starting the process sooner rather than later, you give yourself time to process emotions and make key decisions before the holidays are in full swing, which can help minimize the emotional burden on your family.

4. Tax Considerations

Tax implications are another critical factor in deciding whether to start your divorce now. Depending on how your finances are structured and the specifics of your divorce agreement, filing taxes as a married couple for the last time this year could be financially beneficial. You’ll want to consult with a tax advisor, but an amicable divorce gives you and your spouse the ability to make tax-related decisions together, rather than having them dictated by a judge.

Tax filing status: Filing jointly may allow you to take advantage of various deductions and tax credits that can ease the financial burden. For example, the child tax credit and earned income tax credit may apply to your situation, and it’s often easier to work together to decide how best to divide these benefits before the calendar flips to the next tax year.

For many couples, this is also a time to consider how best to divide retirement accounts, investments, or other assets in a way that minimizes tax liabilities. Some decisions, like rolling over retirement funds, can have significant tax implications that should be carefully planned. Starting the divorce process now can give you time to make these decisions and avoid costly penalties or unnecessary tax burdens.

5. Maintain Control and Save Thousands of Dollars

Traditional litigated divorces are known to be time-consuming, emotionally draining, and expensive. You might already be aware that litigation typically costs tens of thousands of dollars, and can drag on for months or even years, depending on the complexity of the case. On the other hand, an amicable divorce allows you to retain control over every aspect of your separation—your finances, your parenting plans, and your future.

A cost-effective solution: Divorce through amicable means, such as mediation, collaboration, or using an amicable divorce service, helps you save thousands of dollars. These processes typically cost a fraction of the price of litigation because they don’t involve lengthy court battles, and they allow both parties to negotiate and reach an agreement without needing to fight it out in court.

Many amicable divorce providers offer flexible payment options and tailored services to meet your needs. By choosing to start now, you can budget and plan for these costs without the unpredictability that litigation brings.

In addition, maintaining control means that you and your spouse decide what’s best for your family. You know your children’s needs, your financial situation, and your emotional state better than a court. Together, you can create a divorce agreement that works for everyone involved, without needing a judge to make those decisions for you.

6. Take Action Now for a Better Tomorrow

At the end of the day, choosing when and how to proceed with your divorce is a deeply personal decision. For many couples, waiting to take action can lead to more stress and uncertainty, both emotionally and financially. By starting now, you take control of the process and give yourselves the opportunity to transition into the next phase of your lives with intention and grace.

The end of the year provides a natural point for reflection, resolution, and renewal. It’s a time to consider what’s best for your family, and to make decisions that will set the stage for a positive future. Whether you’re in a state with a longer or shorter waiting period, starting the amicable divorce process now can help you ensure that 2024 begins on a better, more secure footing for everyone involved.

If you’re ready to explore your options for an amicable divorce, now is the time to act. To find a provider near you, visit the Divorce With Dignity network and start the process of securing a peaceful, respectful, and cost-effective divorce journey.

Take control of your future today by connecting with an amicable divorce provider here:
Divorce With Dignity Providers

Your fresh start awaits.

 

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Disclaimer: The information provided in this blog post is for general informational purposes only and is not intended to be legal, financial, or tax advice. Every divorce situation is unique, and laws and regulations may vary by state. You should consult with a licensed attorney, financial advisor, or tax professional to address your specific circumstances and to ensure that any decisions you make are legally sound. Divorce With Dignity does not provide legal representation or tax advice and encourages you to seek professional guidance.

Cindy Elwell
Founder, Divorce With Dignity

I believe that we are much better off making our own decisions about our private lives, instead of leaving it in the hands of the legal system.

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