The timing of a divorce filing is important

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The timing of a divorce filing is important
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Last Modified on Jan 07, 2026

When a couple is ready to move forward with the legal process of ending their marriage, they may decide to proceed immediately or delay filing for a specific reason. There are certain times of year that may be better for a divorce filing, and putting it off could cost a California couple time and money in the future. It may be helpful for a couple to consider why filing now could be the best decision.

Now or later?

Money is one of the most common concerns during a divorce, and it may be one of the reasons a couple decides to delay their divorce. However, the longer a couple is married, the more marital property they will likely accumulate. The property division process could become more complex the longer a couple waits before officially filing for divorce.

Even if a couple is separated, marital asset accumulation does not stop until the papers are filed. When deciding when to proceed with officially filing, it may be helpful to consider earnings from the previous year and what both spouses could earn as this year continues. Every situation is different, but there are certain advantages associated with filing earlier in the year.

Long-term implications

When it comes to divorce, any choice one makes will have an effect on his or her future. Whether it’s when to file or how to divide marital property, it’s helpful to work with an attorney who can help a California client make the best choices for his or her long-term interests. The timing of the divorce filing is only one aspect of this important decision.

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