Timing may be more important than you realize during a divorce in North Carolina. Choosing the right moment can be highly advantageous, and this may form a central part of your overall strategy. But does this mean you should intentionally delay your divorce? The answer to this question depends entirely on your unique circumstances. One of the best ways to discuss these specific circumstances is during a consultation with an experienced divorce lawyer in North Carolina.
Should I Delay My Divorce for Tax Reasons?Some spouses choose to delay their divorces for tax reasons. However, these delays are often very short. The goal for many of these spouses is to delay the filing date until the end of the year. This can simplify tax filings, as you will file your return as a “single person” for an entire calendar year. If your divorce does not line up with the calendar year, you might encounter various issues when filing your taxes. For example, you might encounter a situation where you spent six months as a married couple and six months as a single person. This is one of the many reasons January is known as “divorce month.”
However, it might not make sense to delay your divorce simply to make tax season less complicated. North Carolina’s mandatory one-year separation period already forces spouses to wait for 12 months, and any additional waiting could cause serious frustration. If you need to end your marriage, you are perfectly justified in doing so as quickly as possible – regardless of the tax complications.
Delaying Your Divorce Until Your Children Turn 18Some spouses also wait until their children turn 18 before filing for divorce. Alternatively, they might wait until their youngest child graduates high school. These parents may believe that “staying together for the kids” makes the most sense for the psychological well-being of the entire family. As a legal adult, the child may be less affected by various turmoil associated with divorce. This might include moving out of the family home and living with both parents throughout the year. As a high school graduate, the child may be preoccupied with college and other important developments – helping them look to the future instead of the past.
However, delaying divorce in this manner is also advantageous from a purely financial standpoint. If there are no children in the marriage, parents do not need to worry about child custody. This aspect of divorce is often extremely contentious, and it can be quite expensive to resolve. While divorcing spouses might agree on virtually every other decision, they may have very different ideas about who should raise the children – and in what manner.
That being said, it does not make sense to delay divorce for many years simply to avoid dealing with child custody issues. This strategy is perhaps best suited for parents who have children who are very close to graduating or their 18th birthday. If you can delay divorce for a few months, it may be worth eliminating the issue of child custody.
Should I Delay My Divorce Until Retirement?While many spouses believe that it might be beneficial to delay divorce until retirement, this may not be as beneficial as you think. Even if you stop earning income, your ex might be eligible to receive a portion of your retirement assets. Retirement may prevent your ex from accessing your income, but they can still claim a portion of various other assets in your estate. This also applies to life insurance and other similar financial products. For the most part, you can expect the same basic results whether you file before or after your divorce.
What Happens if You Intentionally Delay Divorce Proceedings?With all that said, you should avoid intentionally delaying divorce proceedings. For example, you might negotiate in bad faith or make frivolous appeals or motions in court. This strategy is often employed by bitter spouses – or those who are in denial. If family courts believe that you are intentionally delaying proceedings, they may penalize you in various ways. They might also hold you in contempt of court.
Find an Experienced Divorce Lawyer in North CarolinaIf you are wondering whether or not you should delay your divorce, consider discussing your situation further with an experienced divorce lawyer in North Carolina. Each situation is slightly different, and a personalized approach is optimal when timing the end of your marriage. Reach out today to book a consultation, discuss your situation in more detail, and get started with an action plan.