Why January Sees a Rise in Divorce Filings

January is often recognized as a month when many people choose to begin the divorce process. Attorneys and courts regularly see an increase in filings right after the holidays, and while it may seem unexpected, there are several reasons this pattern appears year after year.

If you or someone you know is thinking about taking this step, having a clear understanding of what the process involves can make the experience feel a bit less overwhelming.

Why Divorce Filings Increase in January

There are a handful of common reasons why the number of divorce filings tends to rise at the start of the year. For many couples, the holiday season brings added pressure, and lingering issues may feel more pronounced. When tensions peak during this time, January can become the moment when someone finally moves forward.

For others, waiting until the new year is a thoughtful choice. Some want to preserve the spirit of the season and allow their family to share one last uninterrupted holiday together before initiating major life changes.

January also naturally represents new beginnings. The start of the year prompts many people to reflect on their lives and make meaningful decisions—whether that involves wellness, career changes, or addressing relationship concerns that have been on their minds for a long while.

Practical factors also play a part. Ending the year together often simplifies tax filings. Some couples wait for annual bonuses or start-of-year insurance changes. Parents may hold off until their children return to school so routines remain steady during the holidays.

How the Divorce Process Works

The first step in a divorce involves gathering important information. This includes details about bank accounts, property, debts, income, and, if children are involved, their schedules and care arrangements.

Once the information is organized, one spouse files a petition with the court. This document outlines the basic facts of the marriage and highlights what the person is asking the court to decide—such as how to divide property, what type of support is needed, or how parenting time should be arranged.

After the petition is filed, it must be formally delivered to the other spouse. This process can be completed by a sheriff, a professional server, or, in certain situations, through a signed waiver. Once the delivery is confirmed, the paperwork is filed with the court so the case can move forward.

The spouse who receives the petition has a deadline to respond. If they submit a response, both parties participate in the next steps. If they do not reply on time, the filing spouse can ask the court to continue without them—something known as a default proceeding.

During the case, either spouse can request temporary orders. These short-term rules help manage important matters like who stays in the home, how bills get paid, or when each parent spends time with the children. Temporary orders help maintain stability until the final agreement or ruling is reached.

Both sides must also share complete financial information. This includes income, expenses, assets, and debts. Full disclosure is essential because it ensures decisions regarding money, property, and support are fair. Being thorough and truthful is important—leaving out key information can lead to serious consequences.

After exchanging information, many couples try to reach an agreement on their own or through mediation. If they are able to resolve everything, the court will review their plan and issue a final divorce order. This type of case—called an uncontested divorce—usually moves more quickly and smoothly.

However, if the couple cannot agree on certain issues, the case may go to court. A judge will then make the final decisions, resulting in what is known as a contested divorce. This process can take longer, especially if disagreements are significant or complex.

Whether resolved through agreement or by a judge’s decision, the case concludes with a final order. This document officially ends the marriage and outlines how finances, property, support, and parenting responsibilities will be handled moving forward.

A Difficult Decision, Often Made After Careful Thought

When someone chooses to begin the divorce process in January, it usually isn’t a sudden reaction to holiday stress. Most people have been thinking through their options for months or even years. The start of the new calendar year simply provides a clear moment to move ahead with a long-considered decision.

Although the legal steps matter, the emotional side of divorce is just as important. The process can be challenging even when it is ultimately the right step. Speaking with a lawyer early on can help you understand your options, reduce confusion, and make sure you’re taking the right steps to protect yourself and your family.

Starting Fresh with the Right Information

Whether you’re exploring the possibility of divorce or trying to better understand what the process looks like, having clear and accurate information makes a big difference. Knowing what to expect can help reduce fear and give you more confidence as you make decisions about your future.

If you or someone close to you is considering divorce, our team is here to support you. Reach out anytime to ask questions or schedule time to discuss your situation.