top of page

Should I File For Divorce Now, or Wait Until After the Holidays?

For couples experiencing tension, the holidays can make it worse. Many potential clients ask whether they should file for divorce now, or wait until after the holidays.

Here are some thoughts from a Los Angeles divorce attorney.

Should I File For Divorce Now, or Wait Until After the Holidays?
Should I File For Divorce Now, or Wait Until After the Holidays?

First, if you are in an abusive marriage, it's important to seek immediate assistance from a lawyer, or law enforcement if necessary. It does not matter that the holidays are just around the corner or that in laws may be angry or embarrassed, you must protect yourself. If you need assistance with a Domestic Violence Restraining Order or preparing to leave, call our office for a consultation. The Los Angeles Superior Court is open for Domestic Violence Restraining Orders, and the entire matter can be handled virtually at this time.

If you are not in an abusive marriage, the question of holiday timing becomes more complicated. If you do not have an immediate need to leave for your safety, you may be asking yourself:

Will the holidays be ruined for your children if you file for divorce now?

Will a divorce be less contentious after the holidays?

Can you handle pretending, or will it backfire?

These questions require introspection. You know yourself and your spouse better than a divorce attorney ever will. The problem is, you may not know the law and your rights.

This is why it never hurts to schedule a consultation. Even if you are unsure about whether to file before or after the holidays, consulting with a divorce attorney can give you peace of mind and a head start in your case. You can simply gather information to make sure you are in the best position possible heading into the new year.

For example, there may be steps that you should take prior to filing in order to protect yourself. There may also be steps that you can take to start preparing, so that you're ready to go, for example, gathering and organizing financial document like tax returns, bank statements, and real property records.

Further, if you are in need of spousal support or child support from the other spouse, time is of the essence. California courts have no authority to order spousal support or child support until the proper documents have been filed.

Lastly, every case is different. If you are concerned that the other spouse may drain marital accounts, hide or transfer money, or retaliate financially, the timing of filing may be more critical than in case where the situation is more amicable. Again, this is why scheduling a consultation and arming yourself with knowledge can only help.

Even if you are not ready to file until after the holidays, you want to make sure that you have the information and guidance you need in order to protect yourself, whether before filing or after.


The Law Office of Emily E. Rubenstein is a full service divorce and family law firm. We proudly serve Beverly Hills, West Hollywood, West Los Angeles, Santa Monica, Culver City, the South Bay, Glendale, Pasadena, Sherman Oaks, Studio City, Encino and all of Los Angeles County.

Give us a call or check out our website:

62 views0 comments
bottom of page