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Should I Wait For The New Year To File For Divorce In Leesburg?


The holidays can be a difficult time of the year, particularly if there are problems in your marriage. Rather than address the situation now, you may be considering waiting until after the season is over.  Our Leesburg divorce attorney explains some important factors to consider in making this decision.

Why Waiting To File For A Divorce Is Often A Bad Idea

If you are considering filing for a divorce in Leesburg, odds are there have been problems in your marriage for quite some time. Other than avoiding the awkwardness with friends or family and not wanting to put a damper on the holiday season, there are important reasons why delaying filing a divorce petition through the Loudoun County Family Court may be a bad idea:

  • Depletion of marital assets: You have the right to a fair share of all marital property and assets. Once you file for a divorce, you are protected in the event your spouse attempts to drain bank accounts, sell certain property, or take other actions that impact the amount you receive in a settlement.
  • Condoning marital misconduct: If your spouse engaged in any type of marital misconduct, such as having affairs or a gambling addiction, this could entitle you to additional amounts in a divorce settlement. Remaining in the marriage afterward could be seen as condoning this behavior.
  • Delays in moving on with your life: You and your spouse must be separated for at least six months prior to filing for a divorce in Virginia. Even if you maintain this separation over the holidays, delaying legal actions drags out the situation and can prevent you from moving forward. 

Tips To Protect Yourself When Waiting To File For Divorce In Leesburg

There are some situations in which waiting until after the new year to file for a divorce in Leesburg may seem like the best option. It can spare your children from having to deal with such a difficult situation over the holidays, allows you to remain on your spouse’s insurance, and may provide certain tax benefits. However, if you choose this option, be sure and take steps to protect your rights under the Virginia Code in any eventual divorce proceedings:

  • Make a complete list of all marital property, which can help you keep track of anything that goes missing;
  • Get statements for all financial accounts, including loan and credit card balances;
  • Open your own bank account, cancel joint credit, and take steps to rebuild your individual credit rating;
  • Give thought to where you will live, how you will support yourself, and any additional education or training you may need to reenter the workforce. 

Discuss Your Options With Our Leesburg Divorce Attorneys

Divorce is an important decision and involves making major life changes. To discuss your legal options, reach out to Schwartz Kalina, PLLC. Our Loudoun County divorce attorneys provide the caring support and trusted legal guidance you need. Call or contact our office online to schedule a consultation.


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