As Colorado divorce and custody lawyers, we hear all sorts of questions. Some require a simple answer. Others require an in-depth analysis. The question of “when is the right time to file for divorce?” falls into the latter category. Realistically, there is no one black-or-white, right-or-wrong answer. Below, I will give some examples of situations with a simple “file” or “wait” answer.
When to file, from a divorce attorney in Denver’s perspective, should optimally be a strategic decision. Sometimes, sadly, it may need to be a decision based upon safety concerns. With divorce being such an emotionally charged time, people often times decide to file simply because they cannot stand one more minute being married to their spouse. In those cases “NOW” will always be the right answer to that person.
The twenty five answers below are brief, yet arrived at after deliberation. Each question is answered as if the question posed is the only issue present in the fact pattern. Each question is asked based on the presumption that the asker wants a divorce. Consideration of each question and answer has been given based on my opinion, and the law, related to custody, visitation, child support, alimony, property division, and debt.
Over the next 2 or 3 blog postings, I will attempt to give a well reasoned analysis as to how I arrived at each answer. Remember, in the Colorado custody and divorce world, the law and logic do not alway go hand in hand.
1. My husband is the primary bread winner and just lost his job. WAIT
2. I am the primary bread winner and got laid off a couple of months ago. My husband works. FILE
3. My husband has hit me and threatened to kick me out of the house. FILE (now)
4. My wife makes $150,000 per year and is threatening to quit her job. FILE
5. We are in the process of filing for bankruptcy. WAIT
6. My husband is threatening to take the kids to Florida and not come back. FILE
7. My wife left with the kids last week and is in Arizona. FILE
8. Our oldest child is 18 and turns 19 in 10 months. WAIT
9. My husband just got pulled over for DUI with the kids in the car. FILE
10. I just got pulled over for DUI with kids in the car. WAIT
11. My I just discovered my wife cashed out her $100,000 401K. FILE
12. I just cashed out my $50,000 stock account. WAIT
13. We have been separated for 6 months and my husband said he wants to move back home. FILE
14. My wife just moved out of town and left the kids with me. FILE
15. My employer may transfer me to Minnesota and my wife wants to stay here with kids. WAIT
16. Our house is on the market and we have a couple of offers. WAIT
17. My wife has locked me out of all the bank accounts. FILE
18. My husband has asked me to leave the house. FILE
19. My wife is a stay at home mom, caring for our 20 month old. WAIT
20. My wife has just been arrested for assaulting our daughter. FILE
21. We are separated and my wife quit paying the mortgage and support. FILE
22. My husband has a Ph.d and wants to go back to school. FILE
23. My wife has listed the house for sale behind my back and it’s titled just in her name. FILE
24. My husband has cheated and gotten another woman pregnant/my wife is pregnant from another man. FILE
25. I just won the $100 million Powerball jackpot. YOU CHOOSE
Think about each answer and see if you can anticipate my reasoning. I’ll get back to you interested Denver divorce readers in May.