January has earned the nickname “Divorce Month” for good reason. Historically, family lawyers report a surge in divorce filings as soon as the holiday season ends. But is January truly the best time to file for divorce, or is it simply the most popular? Let’s explore the factors.
Why January?
For many, the holidays can act as a tipping point. Some couples may postpone filing for divorce to avoid disrupting family traditions or to create a semblance of peace for their children. Once the festivities are over and the new year begins, the desire for a fresh start often motivates individuals to take the first steps toward separation.
In practical terms, January also aligns well with key legal and financial considerations. For instance:
- Tax Planning: The previous year’s tax returns can provide a clear snapshot of finances, which is essential for property division and alimony calculations.
- Legal Availability: Courts and attorneys often experience a lull in December, making January an ideal time to begin the process with greater availability and focus.
Is January always the right choice?
While January might seem ideal, the decision to file for divorce is deeply personal and should be based on more than just timing trends. Some factors to consider include:
- Emotional Preparedness: Divorce is a significant life event that requires emotional readiness. Rushing into it for the sake of a New Year’s resolution may not yield the best outcome.
- Financial Stability: Ensure you have a plan for managing legal fees, temporary living arrangements, and any immediate financial needs.
- Child-Centered Planning: If children are involved, consider their school schedules and emotional well-being. It may be better to wait until summer or another time that minimizes disruption.
January offers practical advantages for filing for divorce, but timing is just one piece of the puzzle. The best time to file is when you feel prepared—emotionally, financially, and logistically. Consulting with a qualified attorney can help you evaluate your options and determine the ideal path forward for your unique situation.
