Q: My daughter is almost 18. should I wait to get a divorce until then? No custody issues that way.
A: You could if there aren't any other compelling reasons for you to file immediately. The other issue to consider is that if your daughter is or will be attending college or other secondary school program full time then child support is still an issue.
A: You could wait, but if she is 17, the court will take what she wants into consideration. Also, for most courts if the parties can't agree and end up going to trial, will take about a year to finish a trial anyway; so you could always start the process and if the two of you can't agree regarding custody, wait to finish until after she is 18. Also, if she decides to go to college, child support will still be an issue until she is 21, so waiting won't really help you avoid drama there. I'd say to go ahead and talk to an attorney local to you about seeking the divorce, don't wait just to avoid custody drama, especially if she is that close to 18.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.