January has gained an informal reputation as “Divorce Month,” a time when many attorneys and courts see a noticeable jump in new divorce cases. While it may seem unexpected, a mix of emotional, practical, and legal factors often leads people to begin the divorce process at the start of the year. Understanding why this happens—and how divorce works under Indiana law—can help make a difficult topic easier to navigate.
Why Divorce Filings Increase in January
Several factors contribute to the increase in divorce filings early in the year. The holiday season can heighten stress and magnify communication challenges. Once the season ends, the emotional pressure may prompt people to make significant life changes.
Many couples also wait to preserve the holiday experience for their children or extended family. Once the new year begins, it feels more appropriate to take action without overshadowing the holidays.
January also represents a natural personal reset. People reassess priorities, set goals, and consider major life decisions they may have been contemplating for months, including ending a marriage.
Practical timing plays a role as well—waiting until after tax season, year-end bonuses, insurance renewals, or school breaks can simplify the logistics of filing for divorce.
Indiana’s No-Fault Divorce Laws
Indiana is a “no-fault” divorce state. This means a spouse does not need to prove wrongdoing to file for divorce. Most cases are filed under the ground of an “irretrievable breakdown” of the marriage, which simply means the relationship can’t be repaired.
Indiana also allows a divorce to be filed based on felony conviction after marriage, impotence, or incurable insanity. However, no-fault filings are by far the most common.
Indiana’s 60-Day Waiting Period
Even if both spouses agree on everything, Indiana law imposes a mandatory 60-day waiting period from the date the divorce is filed before it can be finalized. This means that the soonest any divorce—contested or uncontested—can be completed is 60 days, though contested cases often take much longer.
Understanding Property Division in Indiana
Indiana uses the “one-pot” rule for marital assets and debts, meaning nearly everything acquired during the marriage is considered joint property, regardless of whose name is on it. Indiana follows an equitable distribution model, which presumes that a 50/50 split is fair. However, courts may adjust this based on factors such as:
- Each spouse’s contributions to the marriage
- Economic circumstances of each spouse
- Misconduct affecting marital assets
- Whether property was owned before the marriage or received as a gift or inheritance
Child Custody and Parenting Time in Indiana
When children are involved, Indiana courts make custody decisions based on the child’s best interests. Judges consider factors such as each parent’s ability to provide care, the child’s adjustment to home and community, and the relationship between the child and each parent.
Indiana’s Parenting Time Guidelines provide a framework for how parenting time should be structured, especially when parents cannot agree on a schedule. These guidelines aim to support meaningful involvement from both parents whenever safe and appropriate.
Child Support in Indiana
Indiana uses a standardized Child Support Calculator to determine payment amounts. The calculation is based on both parents’ incomes, the parenting time schedule, childcare expenses, insurance costs, and other factors.
How the Divorce Process Works in Indiana
Most Indiana divorces follow a similar structure. The process begins with gathering financial records, property details, and information about children’s schedules and needs. Once ready, one spouse files a petition for dissolution of marriage with the court.
After filing, the petition must be formally served to the other spouse. They have a designated amount of time to respond. Temporary orders may be requested to address issues like parenting time, financial support, or who remains in the marital home while the case is pending.
Both spouses must complete financial disclosures—a critical step in ensuring fairness. Many couples reach agreements through negotiation or mediation. If they do, the divorce can proceed as an uncontested matter once the 60-day waiting period has passed.
If spouses cannot agree, the case proceeds as a contested divorce. A judge will hear evidence and make decisions on property, support, and custody based on Indiana law.
A Thoughtful Decision for Many Couples
For most people, choosing to start the divorce process in January isn’t an impulsive decision. It’s the point where personal reflection, practical timing, and legal considerations intersect.
The legal process is only part of the journey. Emotions, family dynamics, and long-term planning all play important roles. Speaking with an attorney early can provide clarity and help protect your interests from the start.
A Clear Path Forward
Whether you’re considering divorce or simply want to understand the process better, having accurate information is empowering. Understanding Indiana’s divorce laws and knowing what to expect can help you make thoughtful, informed decisions.
If you or someone close to you is thinking about divorce, our team is here to support you. We’re always available to walk you through your options or schedule a time to discuss your situation.
