Pros and Cons for Divorce Before and After the Holidays

Pros and Cons for Divorce Before and After the Holidays

By: M. Scott Gordon

As the holiday season approaches, many people in the Chicago area who are considering divorce are wondering whether it makes more sense to file for divorce before or after the holidays. Numerous considerations exist for both, especially when you have children with your spouse. In some ways, it might seem easier to file for divorce before the holiday season begins so your family members and friends can process the information and still find ways to enjoy the season. At the same time, it also might seem easier simply to wait until after the holidays to separate from your spouse.

An article in the Huffington Post discusses some of the benefits and limitations of divorce before and after the holidays and we want to share those with you so you can make an informed decision about whether to file for divorce before the holiday season or wait until the holiday festivities have ended to begin working with a divorce lawyer on your case.

Filing for Divorce Before the Holidays: What Are the Pros and Cons? 

There are benefits and limitations to filing for divorce before the holidays. The following are some “pros” you might consider:

• You will not have to spend another holiday with your spouse, especially if you are having difficulty even being in the same room as him/her;
• You will not have to spend another holiday with your in-laws, particularly if your in-laws are difficult to be around;
• You can begin the waiting period sooner that is required to have a “no fault” divorce in Illinois under the Illinois Marriage and Dissolution of Marriage Act (IMDMA); and
• You will not have to buy a gift for your spouse or accept a gift you do not want.

Some of the limitations of filing for divorce before the holidays might include:

• You could risk spoiling the holidays for your child;
• You could upset friends and family members who want to enjoy the holiday season;
• If you have kids, you will need to figure out a parenting plan over the holidays;
• You may need to cancel enjoyable holiday plans you made as a family.

Filing for Divorce After the Holidays: What Are the Pros and Cons? 

The pros and cons of filing for divorce after the holidays track with the benefits and limitations we discussed above. Some of the benefits of waiting to file might include:

• You will not risk ruining the holiday season for your children, or for other family members and friends;
• You can still take the family vacation you have planned; and
• You will not need to deal with the complications of sharing your children over the holidays.

Some limitations of waiting to file for divorce can include:

• Waiting longer to separate can mean a longer waiting period before your divorce can be finalized;
• You will need to spend another holiday with your spouse;
• You may need to spend another holiday with your in-laws; and
• Keeping up appearances may become especially difficult or upsetting if you are in the process of planning for divorce.

Contact a Divorce Lawyer in the Chicago area 

Even if you are only considering divorce at this stage, it is important to begin working with a dedicated divorce lawyer in Chicago. Planning for a divorce can be complicated. It is important to have an experienced advocate on your side as soon as possible. Whether you want to file for divorce quickly or want to wait until after the holiday season, an attorney at our firm is here to help with your case. Contact Gordon & Perlut, LLC for more information about how we can assist you.