5 Tips for Timing Your Divorce Right

 Posted on August 31, 2025 in Divorce

Deciding to divorce is a complicated matter, even when you are sure it is the right choice for you. Beyond the emotional and personal aspects you need to consider, the timing of your divorce can affect your financial future, your children, and even how smoothly the process unfolds. 

If you live in Illinois, knowing when to file can help you avoid mistakes and protect your rights. With nearly two decades of family law experience, our Naperville, IL divorce attorney at Pesce Law Group, P.C. can guide you through these difficult choices and help you plan your divorce in a way that best suits your needs. Here are five things to think about as you consider the timing of your divorce. 

Your Financial Readiness for Divorce

Divorce involves dividing property and debts, and possibly paying or receiving spousal maintenance. If you file before you have gathered thorough financial records, you may be at a disadvantage. Take time to get together bank statements, tax returns, mortgage documents, and retirement account information. Filing when you are financially prepared gives you much greater control over the process.

The Impact of Divorce on Your Children

Timing matters when children are involved. Filing in the middle of the school year, during exams, or just before a major holiday can add stress to an already difficult time. Planning your divorce during a less disruptive period may ease the transition. DuPage County courts always prioritize the best interests of the child under 750 ILCS 5/602.7, and showing that you have considered timing may support the fact that you are acting responsibly as a parent.

How Divorce Can Affect Your Housing Situation

One of the biggest questions in divorce is who stays in the marital home. If you are planning to move out, consider the timing carefully. Finding somewhere else to live before filing could help reduce conflict and give you stability. At the same time, leaving too soon may weaken your position in property division or child custody discussions. Speaking with an attorney before making any move is a good idea.

Employment and Income Changes to Anticipate with Divorce

A sudden job loss, career change, or promotion can affect divorce proceedings. Alimony, child support, and property division all rely on current income levels. Timing your divorce to reflect stable or predictable income, when possible, gives you more predictability. If you or your spouse recently experienced a major financial change, waiting a short time may lead to a fairer outcome.

Tax Considerations During Divorce

Divorce has tax consequences, especially when dividing retirement accounts or claiming dependents. Filing before or after the end of the calendar year can determine whether you must file jointly or separately. The timing of property transfers can also influence capital gains and other tax obligations. Strategic timing, guided by legal and financial professionals, can prevent expensive surprises.

Contact a Naperville, IL Divorce Lawyer

Every divorce is unique, but timing plays a role in nearly all cases. Planning ahead can reduce conflict, lower costs, and protect your family’s well-being. With nearly 20 years of experience, a DuPage County divorce attorney at Pesce Law Group, P.C. can help you decide when to file and guide you through each stage of the process. Call 630-352-2240 today to schedule a free consultation.