Why January Often Becomes Known as “Divorce Month”

A New Year and a Notable Rise in Divorce Filings

You may have heard January referred to as “Divorce Month,” and it’s a nickname that exists for a reason. Many attorneys, mediators, and family courts notice a noticeable uptick in divorce filings right after the holiday season wraps up. While it might feel unexpected, there are several understandable explanations for why so many people choose to begin this process at the start of the year.

If you or someone close to you is thinking about ending a marriage, having a clearer picture of how the process works can make the experience feel less overwhelming.

Why Divorce Filings Tend to Increase in January

Several common themes help explain why the first month of the year brings a spike in divorce activity. For some couples, the holiday season adds emotional or financial strain to an already challenging relationship. The stress, expectations, and full schedules of November and December sometimes highlight deeper issues, and January ends up being the moment when people finally act on concerns they’ve had for a while.

Others take a different approach: they intentionally wait until after the holidays to begin the process. Parents may want their children to enjoy the season without disruption, or families might want to preserve traditions one last time before making major changes.

January also naturally aligns with the idea of fresh starts and resolutions. A new year often inspires people to reflect on what they want for their future—whether that means improving their health, pursuing new opportunities, or addressing relationship problems that have gone unresolved. For many, choosing to file for divorce becomes part of a broader desire to reset and rebuild their lives.

Practical Considerations Behind January Filings

Beyond emotional and personal reasons, there are logistical factors that influence the timing as well. Finishing the tax year together is a major one. Waiting until January allows couples to complete their previous year’s tax return jointly, which can simplify paperwork and sometimes offer financial advantages.

Year-end bonuses can also play a role. Some individuals prefer to finalize decisions about property, support, or income once they know exactly what compensation they will receive. Meanwhile, new insurance plans often begin in January, and some couples wait to separate until new policies, deductibles, or benefits are active.

Parents also frequently consider school schedules when planning a major transition. Beginning the divorce process once children return to school can minimize disruptions during winter break and offer a more stable routine.

Understanding What the Divorce Process Involves

The first phase of divorce generally involves preparation. This includes gathering important documents such as financial statements, information about property, and—when children are involved—details about care, activities, and proposed schedules. Being organized early on helps the process run more smoothly.

Once the necessary information is collected, one spouse files a petition with the court. This document outlines basic details about the marriage and states what the filing spouse is asking the court to decide, including matters like property division, parenting arrangements, and support.

After the petition is filed, it must be formally delivered to the other spouse. This can happen through a process server, local sheriff, or, in some situations, a signed waiver. Proof of delivery is then submitted to the court so the case can proceed.

What Happens After Filing

The spouse who receives the petition has a set amount of time to respond. If they participate, the case moves forward with both parties involved. If they do not respond, the filing spouse may request that the court proceed without them—a process known as default.

During the case, either spouse can ask the court to put temporary rules in place. These temporary orders might address who remains in the home, how expenses will be paid, and how parenting time will be structured. These decisions are designed to provide stability while the long-term issues are being worked out.

Both spouses must also exchange complete financial information—including income, assets, debts, and monthly expenses. This transparency is essential. Courts rely on accurate financial details to make fair decisions about property and support. Leaving out information or providing incomplete records can lead to legal consequences.

How Couples Reach a Resolution

Many people resolve their divorce through agreement rather than court hearings. Couples may negotiate directly or work through mediation to reach solutions that fit their family’s needs. If they agree on all issues, the case may move quickly, and the final order can be approved without further litigation. This is known as an uncontested divorce.

When agreement isn’t possible, the case may proceed to court. A judge will listen to both sides, review evidence, and make the final decisions. This is called a contested divorce, and the process can take longer, especially when disagreements are substantial.

Once all issues are resolved—either through agreement or court decision—the judge issues a final order. This document officially ends the marriage and outlines each person’s responsibilities and rights going forward, including parenting schedules, property division, and any support obligations.

A Hard Decision That Often Comes After Careful Thought

Filing for divorce in January doesn’t mean the relationship suddenly changed after the holidays. In most cases, the decision has been building for months or even years. The beginning of a new year simply gives many people the emotional timing or practical structure to finally move forward.

While the legal side of divorce is important, the emotional experience can be just as impactful. Even when ending the marriage is the right choice, the process can be draining. Speaking with an attorney early on can provide clarity about what to expect and help you make informed choices.

A New Beginning Starts with Understanding

Whether you’re considering divorce or simply want to learn more about how it works, having reliable information can make a significant difference. Knowing the steps ahead can reduce anxiety and help you move forward with more confidence.

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 schedule a conversation about your situation.