Understanding Why January Is Often Called "Divorce Month"

January is frequently dubbed "Divorce Month" because legal professionals observe an uptick in divorce filings right after the holiday season. This trend might seem unexpected, but there are various reasons why people opt to initiate the divorce process at the start of the year.

If you or someone close to you is contemplating divorce, grasping the essentials can help make the process a bit more manageable.

Why Divorce Filings Increase in January

Several factors contribute to the rise in divorce cases in January. For some couples, the stress of the holiday season becomes the last straw. Others may choose to postpone the decision until the new year, allowing their family to enjoy one final holiday season together.

Additionally, January represents a fresh start for many. The new year's spirit often motivates individuals to make significant life changes, such as improving health, pursuing new career opportunities, or finally addressing unresolved relationship issues.

Practical considerations also play a role. Some couples wait to conclude the tax year together. Others delay until year-end bonuses are received or new health insurance policies are in effect. Parents might prefer to wait until children return to school to avoid disruptions during the holiday break.

Navigating the Divorce Process

The divorce journey begins with organizing the necessary documents, which involves collecting information about finances, assets, and details related to children, if any.

The process starts when one spouse submits a petition to the court. This document includes basic details and requests for decisions regarding property division, child custody, or support needs.

After filing, the petition is officially served to the other spouse, which can be done via a process server, sheriff, or through a signed waiver. Proof of service must then be filed with the court to proceed with the case.

The other party has a set time to respond. Upon responding, the case continues with both parties involved. If there's no response, the filing spouse can request the court to proceed without them, using a method called default.

During the proceedings, temporary orders may be requested. These orders can address who stays in the home, how bills are paid, or the children's living arrangements. They provide stability until the case's conclusion.

Both spouses are obligated to disclose full financial information, including income, assets, debts, and expenses. This transparency is crucial to ensure fair decisions are made regarding finances and support. Honesty is paramount as any discrepancies can lead to penalties.

Couples might reach an agreement through dialogue or mediation. If everything is settled amicably, the court can approve their plan and issue the final divorce order—known as an uncontested divorce, which is often more straightforward and quicker.

If an agreement isn't reached, the case may proceed to court, where a judge will resolve the issues. This contested divorce process can be lengthy, especially with strong disagreements.

Once a resolution is achieved, either through agreement or court decision, a final order is issued, officially ending the marriage and outlining future arrangements like property, support, and parenting duties.

Making a Thoughtful Decision

Deciding to divorce in January doesn't imply the relationship just fell apart after the holidays. Many have contemplated this step for some time, and the new year provides a natural opportunity to act on this decision.

While navigating the legal aspects is crucial, the emotional side is equally significant. Divorce can be challenging, even if it feels like the right choice. Consult a lawyer early to understand what to expect and how to protect yourself and your family.

Embracing a Clear Path Forward

Whether you're considering divorce or just want to know more about the process, having accurate information makes a huge difference. Clarity about the upcoming steps can alleviate anxiety and empower more confident decision-making.

If you or someone you know is contemplating divorce, our team is ready to assist. Contact us today to explore your options or arrange a discussion about your situation.