Why January Is Known as “Divorce Month”

January has earned the nickname “Divorce Month” due to the noticeable uptick in divorce filings that occur post-holiday season. Although it may seem surprising, there are several reasons people wait until the beginning of the year to begin the divorce process.

If you or someone you know is contemplating divorce, having a clear understanding of the process can make it feel more manageable.

Reasons for the January Spike in Divorces

Several factors contribute to the increased divorce filings in January. For many, the holiday season is a time of heightened stress that can serve as a breaking point. Some couples choose to wait until the new year to allow their family to enjoy one final holiday season together.

Additionally, January represents a fresh start for many individuals. People often feel motivated to make significant life changes, such as improving their health, pursuing career opportunities, or addressing long-standing relationship issues.

Practical considerations also play a role. Waiting until January allows couples to finalize the tax year together or to benefit from year-end bonuses and updated health insurance plans. Parents might delay the process until children are back in school to minimize disruptions during the holidays.

The Divorce Process Explained

The divorce journey begins with preparing essential documents, which include financial information, property details, and, if applicable, the children's care and schedules.

Once these are gathered, one spouse files a petition with the court, outlining essential facts and requests such as property division, child custody arrangements, or support requirements.

The petition must be officially delivered to the other spouse, which can be accomplished via a process server, sheriff, or a signed waiver. Proof of service is required to proceed with the case.

The recipient must respond within a set timeframe. If they reply, both parties continue the case together. Failure to respond may lead the filing spouse to request to proceed by default.

During the case, either party can request temporary orders regarding living arrangements, bill payments, and childcare responsibilities to maintain stability.

Both spouses are obligated to disclose complete financial details, including income, assets, debts, and expenses, ensuring fair and transparent decisions regarding finances, property, and support are made. Honest disclosure is crucial, as omissions can result in penalties.

Couples might resolve issues through negotiation or mediation. A mutual agreement allows the court to approve their plan, resulting in an uncontested divorce, which is generally simpler and faster.

If no agreement is reached, the case may proceed to court, where a judge will make decisions. This contested divorce process can be more prolonged, particularly if disagreements are significant.

Once a resolution is reached, whether by agreement or court decision, a final order is issued, officially ending the marriage and outlining future arrangements for property, support, and parenting.

A Considered Decision

Opting to divorce in January doesn't imply the relationship dissolved over the holidays. More often than not, this decision has been under consideration for some time, with the new year providing a natural starting point.

While navigating the legal aspects is crucial, managing the emotional components is equally important. Divorce, although sometimes the best choice, can be challenging. Consulting with a lawyer early on can clarify what to expect and how to protect your interests and family.

Begin Anew with Assurance

Whether contemplating divorce or merely curious about the steps involved, having accurate information can ease anxiety and empower you to make informed decisions.

If you or someone you know is considering divorce, our team is ready to assist. Contact us today for more information or to discuss your circumstances.