January is sometimes known as “Divorce Month” due to the noticeable increase in divorce filings after the holiday season. This trend might seem surprising at first, but there are a variety of reasons why individuals choose to initiate the divorce process at this particular time of year.
If you or someone you know is contemplating divorce, familiarizing yourself with the process can help make it feel more manageable.
Reasons for Increased Divorce Filings in January
There are several common motivations for the rise in divorce filings in January. For many couples, the holiday season can be highly stressful, culminating in a decision to separate. Some couples opt to wait until the new year for the sake of celebrating one final holiday season as a family.
January often represents a fresh start for many people. It’s a time for New Year resolutions and significant life changes, which may include addressing longstanding relationship issues or aiming for personal improvement, like pursuing a healthier lifestyle or career growth.
There are practical considerations too. Many couples wait to complete the tax year before filing for divorce. Others might delay until they receive year-end bonuses or when new health insurance provisions start. Parents might also choose to wait until their children are back in school to avoid disrupting their holiday break.
Navigating the Divorce Process
The divorce process begins with preparing the necessary documentation, which involves assembling financial information, property details, and, if applicable, arrangements regarding child care and schedules.
Once these documents are ready, one partner files a petition in court. This petition outlines basic facts and what they seek from the court regarding property division, child custody, and support needs.
After filing, the petition must be served to the other spouse officially. This step can involve a process server, the sheriff, or, in some cases, a signed waiver from the receiving partner. Proof of service must then be submitted to the court to proceed.
The receiving spouse is then given a deadline to respond. If they participate, the case proceeds with both parties involved. If not, the submitting spouse may request the court to proceed without them, known as a default process.
During the divorce proceedings, either spouse can ask the court for temporary orders to manage issues like housing, bill payments, and child visitation, keeping things stable until the final resolution.
Full disclosure of financial information, including income, assets, debts, and expenses, is mandatory for both parties. Transparency is crucial because any hidden or incomplete information can lead to penalties. This openness ensures fairness in financial decisions.
Couples may resolve their differences through discussions or mediation. If they reach a consensus on all matters, the court can approve their agreement, resulting in an uncontested divorce, which is typically straightforward and expedient.
If consensus isn’t achieved, the case might go to court, and a judge will decide on the unresolved issues. This scenario, known as a contested divorce, usually takes longer due to potential disputes.
Once everything is settled, either by mutual agreement or court decision, a final order is issued, terminating the marriage and outlining future arrangements for property division, support, and child-rearing responsibilities.
Considering Divorce: A Deliberate Decision
Choosing to divorce in January doesn’t imply sudden relationship failure post-holidays. Often, people have contemplated this decision for a while. The new year merely offers a natural moment to act on it.
While the legal aspects are vital, the emotional journey is equally important. Divorce can be challenging, even if it’s the right decision. Consulting with a lawyer early in the process can provide valuable insights and protection for yourself and your family.
Embracing a New Beginning with Clarity
Whether you're considering divorce or simply curious, having accurate information can significantly impact your experience. Understanding the steps involved can ease anxiety and allow you to make informed, confident choices.
If divorce is on your horizon or if you're supporting someone who is considering it, our team is available to assist. Contact us today to learn more or arrange a consultation.