Is there any reason a couple should wait to file for divorce in Phoenix?

Phoenix, AZ – It is possible that one or both members of a couple know that they will divorce, but they want to wait to do so for strategic reasons. Each person should have their own lawyer and discuss whether this is a good idea or not. In most cases, the divorce proceedings will not change much by waiting a few months or a year, but the specific facts related to each couple are important as well. 

Tax reasons

A married couple can file their taxes jointly, while single individuals must each prepare their own taxes. Some couples who are planning to divorce near the end of the year will wait until after January 1st to be able to file jointly for the prior year as a married couple, because they were still technically married when the new year began. If the couple’s taxes are fairly simple, there may not be much of an advantage of waiting, but it is worth asking an attorney about this option. 

Health insurance policies

Some couples may get a legal separation first or delay their divorce to remain together on a family health insurance policy. This can depend on how easy it will be for each member of the couple and their children to obtain comparable coverage after a divorce, as well as the costs of the new policy. People who are in the middle of some kind of treatment for a health issue may also want to keep their insurance until the process is over. 

Reasons to avoid delays

There are some reasons to get a divorce sooner rather than later. Many times, one person is severely stressed by a failing marriage and this may start to affect children and other family members as well. If the marriage has serious problems, there can be an increased risk of domestic violence and other undesirable consequences if divorce is delayed. 

As a strategic matter, the spouse who files first will avoid surprises and they may already have made some plans for the divorce case with an attorney. This is certainly an advantage for the spouse who was prepared, as the other may have to quickly find their own lawyer and start to take inventory of their income, assets, and investments for the property division phase of the case. 

From a practical standpoint, if it is obvious that a marriage has failed, most people will not want to waste any more time than they need to before moving on. 

Meeting with a divorce lawyer in Arizona

Schneider and Onofry is a firm that helps local clients in the Phoenix area with child custody issues, divorces, alimony payments, and other aspects of family law. Their attorneys are available to help anyone who needs more specific advice about their situation. 

Firm contact info:

Schneider & Onofry, P.C.

207 W. 2nd St., Yuma AZ 85364



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