January often sees a spike in divorce filings, earning its reputation as “Divorce Month.” This trend can surprise some, but various factors lead individuals to initiate divorce proceedings at the beginning of the year.
If you're contemplating divorce, or know someone who is, understanding the process can make it seem more manageable.
Reasons January Sees More Divorce Filings
Several common reasons contribute to the rise in divorce filings in January. For many couples, the stress of the holidays reaches a breaking point. Some wait until the new year for one last holiday season with the family.
January also symbolizes new beginnings. The start of the year often inspires significant life changes, such as improving health, pursuing career changes, or addressing long-standing relationship issues.
Practical considerations also play a role. Finalizing the tax year together, waiting for year-end bonuses, or new health insurance plans are practical incentives. Parents might also choose to wait until children are back in school to minimize disruption.
Steps in the Divorce Process
The first step in divorce involves compiling necessary documents, including financial records and, if applicable, information about children's care.
Once documents are ready, one spouse files a petition with the court, detailing facts and requests, such as property division, child custody, or support requirements.
After filing, the petition must be served to the other spouse, which can be done via a process server, sheriff, or a signed waiver. Proof of service is filed with the court to proceed.
The other spouse then has a deadline to respond. If they do, the case proceeds with both parties involved. If not, the court may proceed without them, using a “default” process.
During proceedings, temporary orders can be requested to decide who stays in the home, how bills are paid, or parenting time until final decisions are made.
Spouses must disclose complete financial information, ensuring fair decisions regarding finances, property, and support. Honesty is crucial to avoid penalties for misleading information.
Couples may resolve issues through discussion or mediation. If agreed upon, the court approves their plan, resulting in an uncontested divorce—simpler and quicker.
Failing mutual agreement, the case may be contested in court, where a judge will decide. This often extends the process, particularly with significant disputes.
The final order ends the marriage and specifies future arrangements for property, support, and parenting responsibilities.
Taking Thoughtful Steps Forward
Choosing divorce in January doesn’t imply sudden relationship failure post-holidays. Often, the decision has been considered for some time, with the new year providing a natural moment for action.
While legal aspects are critical, the emotional side is equally important. Divorce is challenging but often the right choice. Early consultation with a lawyer aids understanding and preparation to protect yourself and your family.
A New Start with Understanding
Whether you’re contemplating divorce or curious about the procedure, having the right information is crucial. Knowing the necessary steps reduces anxiety and empowers confident decisions.
If you or someone close to you is considering divorce, our team is ready to assist. Contact us today to learn more or arrange a discussion about your unique situation.
