couple looking upset and sitting far apart on couch
Share on Facebook
Share on Twitter
Share on LinkedIn
By Michael Tupper
Attorney at Law

The new year is an opportunity to reflect on the past and chart a new course for your future. If your marriage is in trouble as 2024 commences, you may be contemplating filing for divorce to create that fresh start. 

Here are some of the key considerations to keep in mind as you decide whether to wait to file for divorce in the new year.

Factors Involved in Considering When to File for Divorce

Unlike starting a fitness routine or resolving to read a book, divorce is a significant decision. You may be thinking:

  • Who will get custody of the children?
  • Where will I live if I do not get possession of the house?
  • How much child support or spousal support will the court order?
  • What will happen to retirement accounts, investments, and other assets?

These and other concerns may cause you to consider whether now is the right time to file for divorce.

What Happens When You Wait to File

Many people tend to delay filing for divorce or even speaking with a Florida divorce lawyer because they worry about what will happen after they do. While these concerns are legitimate, it is also important to know what could happen if you wait to file.

Your Marriage Might Not Improve

Some people hold out hope that their spouse will change or that problems in the marriage will get better on their own. However, things may not improve unless you and your spouse are committed to one another and to your marriage. Conflicts could worsen, putting additional stress on you and any children in the home.

Remember that just because you file for divorce does not mean you must see the case through to completion. If you and your spouse reconcile and repair your relationship while the divorce is pending, you are always free to dismiss your divorce case.

Your Spouse Might File First

If you are considering filing for divorce, there is a chance that your spouse is thinking about doing so, too. There are advantages to being the first spouse to file, including asking the court for temporary custody and property orders. You can also choose where the case will be filed if there are multiple possible venues.

While these orders are temporary and can be modified, you often learn about their existence and the commencement of divorce proceedings by surprise if you are not the one to file first. This also creates unnecessary stress for you and any children you may have.

Steps to Take if You Are on the Fence About Filing

If you are still not sure whether filing for divorce this year is the right move, the following steps can help clarify your choice:

  • Evaluate whether saving your marriage is best for you and your children
  • Consider whether you believe the other party is interested in saving the marriage
  • Speak with a trusted friend or relative about the pros and cons of filing
  • Do not ignore or downplay any physical, emotional, or verbal abuse you suffered in the marriage

Visiting a knowledgeable divorce lawyer in Jacksonville can help you work through these important steps. 

A Trusted Resource for Anyone Seeking Divorce in Florida

If you have questions about getting a divorce in Florida or are ready to start the new year by filing your divorce case, the Jacksonville family law team of Tupper Law, P.A. can help. We take the time to understand your concerns and situation so that we can provide you with personalized advice tailored to your needs.

Contact us to schedule a consultation with an experienced and compassionate Florida divorce lawyer today.

About the Author
Michael Tupper is an experienced and skilled attorney from Jacksonville, FL, and is the driving force behind Tupper Law P.A. With an illustrious career spanning several years, he has established himself as a reliable and skilled legal advisor and representative across various disciplines. Having obtained his license to practice law in the State of Florida in 2004, Michael has consistently catered to the legal needs of Northeast Florida, encompassing Duval, Clay, and Nassau counties. His unwavering commitment to delivering timely, personalized, and proficient services reflects his dedication to providing the highest level of professional assistance.