The month of January has earned the nickname "Divorce Month" due to a noticeable spike in divorce filings right after the holiday season. Many legal professionals observe this trend annually, and while it may catch some by surprise, there are several motivations behind choosing this time to start the divorce process.
If you're contemplating divorce or know someone who is, having a grasp of the process can make it seem more manageable.
Why January Sees More Divorce Filings
Several common reasons contribute to the increased number of divorce filings in January. For some couples, the holiday season proves to be a challenging time, serving as the last straw. Others might wait for the new year to allow their family to enjoy one final holiday season together.
January also represents a new beginning for many. The arrival of the new year often motivates people to make significant life changes, whether it's focusing on health, pursuing a career shift, or handling long-standing relationship issues.
Practical considerations also play a role. Finalizing the year means couples can complete their tax year together. Some may wait until receiving year-end bonuses or when new health insurance plans are effective. Parents might choose to wait until their children are back in school to prevent holiday disruptions.
The Divorce Process Explained
The divorce process starts with compiling the necessary documents. This involves collecting financial details, property information, and, if applicable, arrangements for children.
The next step is for one spouse to file a petition in court, including essential details and requests like property division, child custody, or support needs.
After filing, the petition must be served to the other spouse through a process server, sheriff, or sometimes a signed waiver. Once served, proof of service is filed with the court to allow the case to progress.
The non-filing spouse has a deadline to respond. If they do, the case proceeds with both parties. If not, the filing spouse may request the court to proceed via default.
During the case, either party can ask for temporary orders regarding living arrangements, bill payments, or parenting time, which maintain stability until the divorce is final.
Both parties must disclose full financial details, including income, assets, debts, and expenses. This transparency is crucial for fair decisions on finances, property, and support. Concealing data can result in penalties.
Couples may resolve issues through negotiation or mediation, leading to a court-approved uncontested divorce, which is often more straightforward and expedient.
If agreement isn't possible, the court decides, resulting in a contested divorce that may take longer due to disagreements.
Ultimately, a decision by consent or the court results in a final order, concluding the marriage and detailing future arrangements regarding property, support, and parenting.
A Considered Resolution
Choosing January for divorce doesn't mean the relationship's end was spur-of-the-moment. Often, this decision has been contemplated for a while. The new year merely provides a suitable moment to proceed.
While legal procedures are critical, emotional aspects are equally significant. Divorce is challenging, even when it's the right path. Early discussions with a lawyer can clarify expectations and guide protection for both yourself and your family.
A New Beginning Through Understanding
Considering or exploring divorce starts with the right information, which can ease anxiety and enable confident decision-making.
If you or a loved one is contemplating divorce, our team is here to assist. Contact us to learn more or to schedule a discussion about your situation.