Understanding Why January Sees a Rise in Divorce Filings
January has earned an informal reputation as a time when divorce filings noticeably increase. Many attorneys and family courts observe a spike in cases shortly after the holiday season wraps up. While it may seem unexpected, there are several reasons why the beginning of the year becomes a common moment for couples to initiate this major life transition.
If you or someone close to you is thinking about taking this step, having a clear picture of the process can make it feel a little less overwhelming.
Why Divorce Rates Tend to Climb in January
Several factors contribute to the increase in divorce filings that often appears at the start of the year. For some couples, the holiday season brings heightened stress, unresolved conflict, or emotional strain that ultimately becomes the final push toward ending the relationship. Others intentionally wait until after the holidays so the family can share one last festive season together before moving forward separately.
The idea of a “clean slate” also plays a role. A new year often inspires people to rethink big areas of their lives—health, work, finances, and relationships included. When someone has been considering divorce for months or even years, January may feel like a natural time to make a meaningful change.
There are also practical and financial reasons. Many couples delay filing until the end of December so they can complete the tax year jointly. Some wait for year‑end bonuses to be paid or for new health insurance plans to begin. Parents of school‑aged children may also choose to wait until after winter break so routines are less disrupted for their kids.
A Look at the Divorce Process
Beginning a divorce involves several key steps, many of which focus on gathering information and filing the right paperwork. The initial phase usually includes collecting financial documents, property details, and—if children are involved—information about their schedules and needs.
One spouse then files a petition with the court. This document outlines basic facts about the marriage and specifies what that spouse is requesting, such as how to divide property, how to handle custody, and whether support should be awarded.
After the petition is filed, the other spouse must be formally notified. This is typically done through a sheriff, a process server, or in some situations, a signed waiver. The court must receive proof that the other spouse has been served before the case can proceed.
The responding spouse is given a deadline to reply. If they participate, the case continues with both sides involved. If they do not respond, the filing spouse may request a “default,” which allows the court to move forward without the other spouse’s input.
As the case progresses, either spouse can ask the court for temporary arrangements. These temporary orders might address who stays in the family home, how household expenses will be managed, or how parenting time will be divided. These measures help maintain stability during the process.
The Importance of Financial Disclosure
Both spouses are required to provide complete financial information, which includes income, debts, expenses, and assets. This step is essential because the court relies on accurate information to make fair decisions about property division, child support, and spousal support. Being honest and thorough is critical—leaving out or hiding information can result in penalties and can slow down the case.
Reaching an Agreement or Going to Court
Many couples are able to resolve the terms of their divorce through negotiation or mediation. If both parties agree on all major issues, the court can approve the settlement and issue a final divorce order. This type of case—known as an uncontested divorce—often moves more quickly and smoothly.
When spouses cannot reach an agreement, the case may require a court hearing. A judge will then make decisions on the unresolved issues. This is known as a contested divorce and generally takes longer because it involves presenting evidence, testimony, and legal arguments.
After all matters are resolved—either through agreement or through a judge’s ruling—the court issues a final order. This document formally ends the marriage and outlines how finances, property, parenting, and support will be handled going forward.
Why January Doesn’t Tell the Whole Story
Filing for divorce early in the year doesn’t necessarily mean the decision happened suddenly. In most cases, people have been thinking about it for quite some time. January simply represents a moment when many feel ready to act.
Although the legal process plays an important role, the emotional experience is equally significant. Even when divorce is the right decision, it can still be painful. Speaking with a lawyer early in the process can provide clarity about your options and help you understand what to expect.
Starting the Year with Clarity and Support
Whether you’re exploring the idea of divorce or just hoping to better understand how the process works, having accurate information can make a world of difference. Knowing the steps ahead can ease some of the anxiety and help you feel more confident in your decisions.
If you or someone you care about is considering divorce, our team is here to support you. Reach out today to learn more or schedule a conversation about your situation.

