Why January Often Sees a Rise in Divorce Filings

It’s not unusual to hear January described as “Divorce Month.” Family attorneys and courts frequently report an uptick in divorce filings as soon as the holidays wrap up. While it may seem unexpected, there are several reasons why many people decide to begin the divorce process at the start of a new year.

If you or someone close to you is thinking about taking this step, understanding what the process involves can make the road ahead feel a little more manageable.

Why So Many Couples Choose January

Several factors contribute to the increase in divorce filings seen in January. For some couples, the pressure of the holiday season heightens existing relationship strain, making it clear that change is needed. Others intentionally wait until the new year so their family can enjoy one final holiday season without disruption.

January also represents renewal. The fresh-start energy that motivates people to set goals, make lifestyle changes, or adjust career paths can also inspire them to address long-standing relationship concerns.

Practical considerations also play a role. Many couples prefer to complete the calendar year—for tax reasons—before separating. Year-end bonuses, new benefits packages, and updated health insurance plans can influence the timing as well. Parents may also wait until children return to school after winter break to minimize mid‑holiday upheaval.

A Closer Look at the Divorce Process

The divorce process begins with gathering key documents. This often includes financial records, property details, and—if children are involved—information about their care, schooling, and daily routines.

Once the necessary information is collected, one spouse files a petition with the court. This document outlines basic facts about the marriage along with requests for decisions on things like how to divide assets, how parenting time will be structured, or whether support is needed.

After filing, the petition must be formally delivered to the other spouse. This might be done through a process server, a sheriff, or, in some cases, a signed waiver. Proof of this delivery must then be submitted to the court before the case can proceed.

The receiving spouse has a limited amount of time to file a response. If they answer, the case continues with both sides participating. If they do not, the filing spouse may request that the court move forward without them through a process called default.

Temporary Decisions While the Case Moves Forward

While the divorce is pending, either spouse can ask the court to set temporary rules. These temporary orders can address issues like who will stay in the family home, how household bills will be divided, or how parenting time will be shared. The goal is to maintain stability while the final decisions are being worked out.

The Importance of Full Financial Disclosure

Both spouses are required to provide complete financial details—including income, assets, debts, and monthly expenses. This step is crucial because it forms the basis for fair decisions about property division, support, and long‑term planning.

Providing accurate information is essential. Leaving out details or attempting to hide assets can lead to delays, penalties, or unfavorable court rulings.

Reaching an Agreement vs. Going to Court

After exchanging information, many couples are able to negotiate a settlement—either directly or with the help of a mediator. When both people agree on all major issues, the court can approve the agreement and issue a final divorce decree. This is known as an uncontested divorce, and it’s typically much faster and more streamlined.

However, if the couple cannot resolve one or more issues, the case may go before a judge. This type of case, called a contested divorce, can take longer and may involve hearings, evidence, and testimony before the judge makes the final decisions.

Once everything has been settled—whether through agreement or court ruling—a final order is issued. This document officially ends the marriage and outlines how assets, responsibilities, and parenting arrangements will be handled going forward.

The Emotional Side of a January Divorce

Filing for divorce in January doesn’t mean the relationship fell apart over the holidays. In most situations, people have been considering this decision for months or even years. The new year often provides a natural moment to act on choices that have already been carefully considered.

While understanding the legal steps is important, the emotional experience is equally significant. Divorce is rarely easy, even when both people agree it’s the right move. Talking with a lawyer early on can help you better understand what to expect and how to protect your well‑being throughout the process.

Clarity Creates Confidence

Whether you're exploring your options or simply want to learn more, having accurate information can make a challenging situation feel more manageable. Understanding each step of the process can ease stress and help you make thoughtful decisions.

If you or someone you care about is thinking about divorce, our team is here to support you. Reach out anytime to learn more or set up a conversation about your situation.