Every January, many family law attorneys notice a marked increase in the number of inquiries and filings related to divorce.

Over the years, this seasonal trend has become so pronounced that January has earned the nickname “divorce month.” Our office often receives questions about why this is—and whether it means that January is the best time to file for divorce. Below, we’ll explore the common reasons that drive this annual uptick, the potential benefits and drawbacks of starting divorce proceedings in January, and key considerations to keep in mind if you are thinking about taking this step.

1. The “Fresh Start” Mindset

January is a time when many people set personal goals and make resolutions for the coming year. Whether those goals are professional, financial, health-related, or personal, the new year often symbolizes hope and the possibility of change. For individuals in difficult or unhappy marriages, the sense of a clean slate can prompt them to revisit the idea of ending the relationship and moving forward independently.

New Beginnings: The mindset of “out with the old, in with the new” often includes evaluating one’s personal life. When a marriage isn’t working, people see January as an opportunity to take the first steps toward a new life.
Clearer Headspace: After the hectic holiday season, spouses may finally have time to think and plan without the distraction of holiday gatherings, travel, or social obligations.

2. Post-Holiday Reflections

The weeks surrounding Thanksgiving, Christmas, and New Year’s can be some of the most stressful times of the year. Family members gather, financial pressures increase due to gift-giving, and there may be unrealistic expectations about happy celebrations. If a marriage is already strained, these heightened stressors can bring deeper issues to the surface.

Financial Pressures: Overspending during the holidays can lead to conflicts about money. If financial problems have long been a sore spot in the marriage, the holiday season can exacerbate them, prompting spouses to consider ending the relationship.

Family Expectations: Many couples choose to “keep it together” for the kids or for extended family during the holiday season. Once the celebrations are over, they feel they can finally address their marital issues openly.

Emotional Exhaustion: The emotional toll of tense family get-togethers, forced cheer, or unmet expectations can highlight just how unhappy a couple really is. When the festivities end, spouses often experience a moment of clarity about wanting change.

3. Timing for Practical Considerations

There are also more pragmatic reasons why individuals may wait until January to file or to schedule consultations with divorce attorneys.

Tax Implications: Many couples want to file their taxes jointly one last time before starting the divorce process, especially if there are financial benefits to doing so. Once the new year arrives, the tax year has closed, simplifying future filings and potentially limiting disputes.

Work Schedules: Taking time off around the holidays can be challenging. In January, work routines normalize, allowing spouses to better coordinate attorney consultations and start gathering financial documents.

Children’s Schedules: Families often want to preserve the holiday experience for their children. Parents may decide to wait until after winter break to avoid overshadowing the celebrations or disrupting school and extracurricular routines.

4. Pros and Cons of Initiating Divorce in January

While January is a popular time to begin the divorce process, it’s essential to consider both the advantages and disadvantages of starting proceedings during this time.

Pros of Getting Divorced in January

Psychological Readiness: The new year can provide a mental boost or sense of empowerment to tackle difficult life changes.

Clear Calendar: Family obligations often decrease right after the holiday season, making it easier to consult with attorneys and gather necessary paperwork.

Financial Closure: With a full year’s worth of financial records ready (and tax forms soon available), parties may find it more straightforward to account for the prior year’s finances in a divorce proceeding.

Cons of Getting Divorced in January

Emotional Turmoil: If emotions are still running high from the holidays, it can be harder to make calm, measured decisions in January.

Demand for Attorney Services: Because the month is busy for many law firms, scheduling consultations or court dates might take longer than anticipated.

Rush to Action: Feeling the pressure of a “fresh start” could lead some individuals to move too quickly, potentially overlooking important details or opportunities to reconcile.

5. Key Considerations If You’re Thinking of Divorcing

Consult an Attorney Early: Even if you’re not 100% certain you want to proceed, speaking with a qualified divorce attorney can help clarify your legal options, financial rights, and potential outcomes.

Gather Financial Documents: Starting the year organized with bank statements, mortgage information, credit card bills, and tax returns can help streamline the process.

Focus on Child Custody: If you have children, discuss with your spouse (if possible) how you want to handle school schedules, extracurriculars, and living arrangements to minimize stress for the kids.

Don’t Rush: Take the time you need to think through your decision, including exploring counseling or mediation if appropriate. January may prompt an initial exploration, but filing for divorce is a major life step that deserves careful consideration.

January’s reputation as “divorce month” is rooted in a combination of factors: the holiday season stress, a collective desire for fresh starts, and practical timing considerations. If you’re contemplating divorce, remember that the right moment is ultimately the one that best aligns with your emotional, financial, and personal circumstances. Whether you decide to take the leap in January, or choose another time of year, seeking professional guidance—from counselors, financial advisors, and a trusted divorce attorney—can help ensure that you make informed, thoughtful decisions.

If you need more information or want to discuss your unique situation, feel free to call The Mitten Law Firm for a confidential & free consultation. Your journey toward a new chapter can start whenever you’re ready.