The Case for Filing for Divorce Sooner Than Later: Understanding the Dangers of Waiting

Divorce is a significant life decision, often accompanied by a whirlwind of emotions and uncertainties. When a marriage reaches a point where divorce becomes the inevitable choice, the urge to delay can be strong. However, delaying the process can have detrimental effects on various aspects of your life. In this blog, we’ll explore why it’s essential to file for divorce as soon as you've made the decision, and the dangers associated with procrastination.

1. Emotional Toll.

Delaying the divorce process can prolong your emotional distress. Lingering in a relationship that no longer serves you can lead to increased resentment, frustration, and even depression. By starting the divorce process promptly, you begin the healing process sooner rather than later.

2. Financial Implications.

Procrastination in filing for divorce can have severe financial repercussions. The longer you wait, the more intertwined your financial affairs may become. Delaying the division of assets, debts, and other financial matters can result in complications and disputes down the line. This is especially true if you know that your spouse hasn’t been honest about their spending habits. Arizona is a community property state, which means that you could be legally liable for debts your spouse accumulates during your marriage, even if you didn’t agree to them, or even know about them. By taking swift action, you can protect your interests and start planning for your future and independent financial security.

3. Legal Complexity.

The legal process of divorce can be complex and time-consuming. In Arizona there is a 60 day waiting period before the judge can legally sign off on your divorce. However, the actual process is usually much longer than two months. So considering with waiting period, waiting to file can lengthen the process, especially if your circumstances during the divorce change over time. For example, if one spouse moves, changes jobs, or shuts down a business during the divorce, it can complicate issues surrounding child support, parenting time, spousal maintenance (alimony), and extend the divorce process. By initiating the process promptly, you gain more control over the legal proceedings and minimize the risk of unforeseen complications. File for divorce sooner than later: the sooner you start, the sooner you finish.

4. Impact on Children:

If children are involved, delaying divorce can prolong their exposure to a tense or unhealthy family environment. Research shows that ongoing conflict between parents can have detrimental effects on children’s emotional well-being and development. By prioritizing their needs and initiating the divorce process promptly, you can minimize the negative impact on your children and provide them with a more stable environment to thrive in sooner than later.

5. Healing Process.

Procrastinating the decision to file for divorce can hinder your healing process. Moving forward with the divorce process allows you to confront and address your emotions, reflect on the relationship, and embark on a new and “better for you” life journey. By taking proactive steps towards ending an unhappy and/or unhealthy marriage, you create space for the opportunity to build a more fulfilling life.

6. My Personal and Professional Experience.

I was guilty of procrastinating before filing for divorce in my prior marriage. I made several excuses for staying for so long, but the truth is that I was afraid that I would end up being financially ruined and a single parent. I eventually realized that my fears were just a projection of exactly what was happening in my marriage. The reasons why I needed a divorce were the same reasons that made me afraid to make the move. I convinced myself that if the situation was that bad with two people, that it would be much worse with me on my own.

I overcame the barrier while working with a client that was on the fence about filing for divorce. She said she was hesitant to file because she knew filing for divorce would make her husband angry and he would be mean to her during the divorce. She then explained that her husband was angry all the time and he refused to talk about what was going on with him. He would yell at her when she asked why he was angry.

That’s when I realized that my client’s fears were just a projection of exactly what was happening at the time she consulted with me. However, she believed that her situation would be worse if she filed for divorce.

I remember saying, “But you just said that your husband is always mean and angry.”  

Nisa Ford and her adult children.

Working with that client made me realize that my situation was similar in that I was projecting my current situation into the future and making it much worse in my head. If I was already in the situation that I feared with no likelihood of improvement, didn’t I at least owe myself and my children the opportunity to make it better? I was divorced in 2014 and although it wasn’t always easy, I did more than survive, I thrived! I was able to finally give my children a proper example of a healthy relationship and I remarried in 2023.

Conclusion. While the decision to file for divorce can be a difficult one, delaying the process can make the situation worse. I’ve learned that you can take control of your overall future happiness by prioritizing your emotional well-being and financial security by acting as soon as you’ve made the decision to end your marriage.

I've handled divorce cases for over 10 years and almost every client that decides not to move forward comes back within 12 months. In many cases they have dealt with increased emotional distress, compromised relationships with family and friends, and their financial situation has significantly worsened.

The examples in this blog are common and I have worked with many clients to overcome fears and concerns, while helping them navigate the process with clarity and confidence. Remember, the journey towards healing and a brighter future begins with taking that first step towards a new chapter in your life.

If you’re struggling to make the decision, I can help. AZLegalResolutions.com/booking

Disclaimer: The information provided in this blog is for educational and informational purposes only and should not be construed as legal or psychological advice.