Gregg R. Lewis

Trusted Family Law

Services In Columbus

Gregg R. Lewis
Trusted Family Law Services In Columbus

Does timing matter when asking for a divorce?

On Behalf of | May 23, 2022 | Divorce |

Choosing to end your marriage is a significant life decision that can affect your future. However, this decision can be uniquely challenging when it accompanies other life events.

These are some of the circumstances that could impact the timing of your divorce request.

Childbirth

Although Ohio laws do not restrict divorce proceedings during pregnancy, it is unlikely that a judge will grant a decree until after a child is born. Instead, judges prefer to finalize divorce after birth when they can decide matters involving paternity, custody, visitation and financial support.

Job Change

Changing jobs could impact your divorce, particularly when it involves a salary change. For example, asking for a divorce before accepting a lucrative job offer could delay the process while the court reassesses your support payments or other obligations. On the other hand, taking a pay cut after asking for a divorce could indicate an attempt to reduce your financial responsibility, which a judge will view unfavorably.

Relocation

Many states have a six-month residency requirement for anyone seeking a divorce. Therefore, you may decide to ask your partner for a divorce before undergoing an out-of-state move. However, asking for a divorce after moving from Ohio to a community property state could ensure you receive 50% of your marital assets instead of the equitable share you can expect in Ohio.

Retirement

Divorcing before you retire allows you to restore the financial cushion you need for your future, which divorce reduces. However, divorcing after you retire could entitle you to receive financial support from a former spouse who continues to work or lower your support payment obligations due to your lower retirement income.

Although there may be emotional considerations surrounding your decision to ask for a divorce, balance your financial and emotional needs to ensure a strategy to protect your long-term interests.

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