January has developed a reputation as a month when divorce filings noticeably increase. While this trend may seem unexpected at first glance, many families and legal professionals recognize that the start of the year often brings a surge in people taking steps to end their marriages. Understanding why this happens—and what the divorce process typically involves—can make navigating this difficult topic a little easier.
Why Divorce Filings Increase After the Holidays
Several factors contribute to the rise in divorce filings once the new year begins. For some couples, the emotional strain of the holiday season amplifies existing tension. Large family gatherings, financial pressures, or trying to maintain a sense of normalcy can push an already fragile relationship closer to its breaking point.
Others simply choose to wait until after the festivities to move forward. Many parents want to give their children one more holiday season without major disruptions. Some couples also delay difficult conversations to avoid casting a shadow over gatherings with extended family or friends.
January is also a symbolic “fresh start” for many people. Just as individuals commit to new health routines or career goals, others see this moment as an opportunity to address relationship issues they’ve struggled with for months or even years. The arrival of a new calendar year often pushes long-delayed decisions into motion.
Beyond emotional reasons, there are also practical considerations that shape the timing. Many couples find it simpler to complete the calendar year before dividing financial responsibilities, including tax filings. Some may wait for year-end bonuses to be finalized or for updated health insurance coverage to take effect. Parents also frequently prefer to wait until children return to school, minimizing disruptions during winter break.
Understanding the Early Steps of Divorce
The beginning of the divorce process typically involves collecting key documents. Financial statements, information about shared property, and details related to children—such as schedules, schooling, and daily routines—play an important role in laying the groundwork for a case.
Once the necessary information is gathered, one spouse files a petition with the court. This document explains the basic facts of the marriage and outlines what decisions the filing spouse is asking the court to make, such as dividing assets, determining child custody arrangements, or establishing support.
After the petition is filed, it must be formally delivered to the other spouse. This step—known as service—can be completed through a process server, law enforcement, or by obtaining a signed waiver. Once service is complete, proof must be filed with the court to keep the case moving forward.
The spouse who receives the petition then has a specific window of time to respond. If they submit a reply, both parties participate in the case as it continues. If they do not respond, the filing spouse may request that the court proceed without them through a process called default, which allows the case to move ahead based on the information already provided.
Temporary Orders and Financial Disclosures
While the divorce is underway, either person may ask the court to issue temporary orders. These short-term guidelines help maintain stability by addressing issues such as household expenses, living arrangements, or parenting time until the case is finalized.
Financial transparency is an essential part of the process. Both spouses must share complete information about income, assets, debt, and monthly expenses. This exchange ensures that the court—and the parties themselves—can make informed decisions. Leaving out details or hiding information can lead to serious consequences, including penalties from the court.
Finding a Path Toward Resolution
After reviewing financial information and discussing key issues, some couples can negotiate a full agreement. Mediation or structured conversations often help couples come to a shared resolution. When spouses agree on all aspects of their divorce, the court can approve the terms and issue a final order. This type of case, known as an uncontested divorce, is usually more efficient and less stressful.
If agreement isn’t possible, the case may move to a courtroom, where a judge will make the final decisions. A contested divorce often takes longer, especially when the couple disagrees strongly about finances, parenting, or property. The court will weigh the evidence and ultimately issue a final judgment outlining how major issues will be handled moving forward.
Regardless of the path taken—negotiated agreement or court ruling—the case concludes with a final order. This document formally ends the marriage and provides clear direction for both spouses regarding property, support, and parenting responsibilities.
Why January Doesn’t Tell the Whole Story
The increase in filings during January doesn’t mean the decision to divorce happens overnight. In most situations, people spend months reflecting on their relationship and considering what is best for themselves and their families. The new year simply provides a natural moment to act on a decision that has already been thoughtfully considered.
The legal process is just one part of the journey. The emotional impact of divorce can be significant, even when the choice is made with care. Speaking with an attorney early in the process can help clarify expectations, outline important next steps, and provide support during a difficult time.
Gaining Clarity During an Emotional Time
Whether you’re considering divorce or simply wanting to understand the process, having clear information is incredibly helpful. When you know what to expect, you can make decisions with more confidence and less uncertainty.
If you or someone close to you is exploring this path, our team is always here to support you. Reach out anytime to ask questions or schedule a time to talk about your situation. A fresh start often begins with understanding, and we’re here to help you take that step with clarity.