When is the Best Time to File for Divorce?

Everyone facing a divorce will wonder to some extent if it's the right time to file. I read an interesting article in the county bar’s newsletter written by an attorney, and he says that if any of the following conditions exist, you should seriously consider filing for divorce – after seeking legal advice.


1. Violence. If there has been violence directed against you or your children, you probably need to get out. You may be able to get your spouse kicked out, but you should take whatever steps are necessary for the safety of you and your kids.

2. Abandonment. If your spouse has left, that's a pretty clear signal that the marriage is over. You should file to protect yourself financially and to take care of your kids (if you have any).

3. Hiding of Assets. If you discover, or suspect, that your spouse is hiding assets from you.

4. Wasting or Disposing of Assets. If your spouse is spending money irresponsibly or getting rid of assets, you need to put a stop to it.

5. Your Gut Feeling. Sometimes you just know that the time is right. You may not be able to put your finger on a specific reason or cause, but you know it's time.

6. Counseling Doesn't Work. You've tried counseling and you just didn't get the issues resolved. Often the party not initiating counseling is resistant and won't put in the effort to make changes. It's usually a good idea to try working with a counselor, but (as you undoubtedly know) you can't make your spouse change unless he or she wants to.

7. Hiding the Kids. If this is going on, you need to act right away.

8. Alienating the Kids. This is less obvious, but you may start seeing signs if the kids suddenly start avoiding you or saying hateful things to you. You need to get into court, get the kids into counseling and get some controls over your spouse. It is very difficult to stop and undo such behavior.

9. Running Away. If your spouse has run away with the kids, you need to get into court and get an order to get the kids back. You don't want to wait and allow your spouse to establish legal residence somewhere else.

10. Spouse is About to File. If you find out your spouse is about to file for divorce, you need to decide whether to try to beat your spouse to the courthouse or just prepare for a first court hearing.

Hopefully, this list will help you think about the decision of when to file.

For more information go to DiscountDivorcePro.com

Gambling and Dirty Underwear Lead to Divorce

I came across an interesting case out of a court in Mississippi and thought I would share. Husband's conduct constituted habitual cruelty as ground for divorce; husband committed intentional, often dishonest, and possibly criminal acts, through which he dissipated the parties' assets to fund his gambling addiction, and his sexual and personal hygiene issues rendered the relationship revolting to wife.

The Court found that Husband‘s behavior taken as a whole, constitutes habitual cruelty. His qualifying conduct includes not only his gambling losses of over $300,000, but his series of intentional, often dishonest, and possibly criminal acts, through which he dissipated the parties‘ assets to fund his gambling addiction.

Further, the Court found that his sexual and personal-hygiene issues rendered the relationship ―revolting. Wife testified Husband had ―loose bowels and would often get into bed with her wearing soiled underwear. Wife claimed Husband ―refused to wash, clean up. And this was at least five times a week most weeks. Even after Wife laid out clean underwear for Husband, he refused to change out of his soiled ones. Wife explained the odor was so revolting to her that she frequently slept in a separate room.

Husband also claimed that since Wife accompanied him to the casino about six times, she condoned the vast majority of his substantial gambling debt. However, the Court did not find his argument compelling.