When I should file?
1 attorney answer
If you are already discussing divorce, then I'm not sure that it matters. If he were going to purposely not get another job after being laid off because of divorce, then he could do that whether you file now or wait.
If you need interim support and attorney's fees, then he really needs to be employed for that to be Court ordered monthly unless there is another source of funds to take from to pay the bills. If there is a large bonus or large savings, then support/fees could come from that source.
Keep in mind that it take about 30 days from the date of filing to get to mediation/temporary orders hearing.
Small details can really change strategy, so you really need to consult a lawyer to make this decision.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.