Why January Sees a Spike in Divorce Filings

Jan 06 2026 16:00

Every year, family law professionals notice a familiar pattern: divorce filings tend to climb as soon as January arrives. The month has even gained the informal nickname “Divorce Month,” and while that might sound dramatic, there are understandable reasons behind the trend. For many people considering ending a marriage, the beginning of a new year feels like the right moment to finally take action.

If you or someone close to you is weighing the idea of divorce, having a clearer picture of why January brings an increase—and what the process involves—can make the situation feel a little less overwhelming.

Why January Brings an Increase in Divorce Filings

Several factors contribute to the rise in divorces this time of year. For some couples, the holidays shine a spotlight on existing stress or conflict, making the start of the year feel like a turning point. Others choose to delay major decisions until after December so that family gatherings, traditions, and celebrations remain undisturbed.

The fresh-start mentality that comes with a new calendar year also plays a role. January often inspires people to reevaluate what they want from their lives, prompting decisions about personal well-being, relationships, careers, and long-term happiness. For those who have been thinking about divorce for months—or even years—the new year can feel like a natural moment to take that step.

Practical reasons also influence the timing. Many couples prefer to complete the tax year while still married. End-of-year financial events—like bonuses, insurance changes, or new benefit cycles—may also encourage waiting until after December to file. Parents sometimes hold off until children return to school to avoid disrupting holiday routines or causing confusion during winter break.

Understanding What the Divorce Process Involves

The early stages of a divorce typically start with getting documents and information in order. This includes gathering details about finances, assets, debts, and—when applicable—child-related information like schedules, routines, and care arrangements.

Once the necessary information is collected, one spouse formally opens the case by filing a petition with the court. This document outlines the basic facts of the marriage and identifies the decisions they are asking the court to make, such as dividing property, arranging parenting time, or establishing support.

After filing, the petition must be officially delivered to the other spouse. This step, known as service, may be handled by a process server, sheriff, or by using a signed waiver. When that step is completed, the court requires proof so the case can move forward.

The spouse who receives the petition has a deadline to respond. If they file a reply, the divorce proceeds with both parties participating. If they do not, the filing spouse may request that the court move forward without their involvement through a default process.

During the case, either spouse can ask the court to establish temporary arrangements. These short-term orders may address practical concerns such as who lives in the home, how expenses are paid, or how parenting time is divided until the final agreement is reached. The goal is to maintain stability while everything is being resolved.

Both spouses must also exchange complete financial information, including earnings, property, expenses, and debts. This stage—often called financial disclosure—is critical for reaching fair decisions. Inaccurate or incomplete information can lead to legal consequences, so honesty and thoroughness are essential.

Depending on the circumstances, the couple may be able to reach an agreement through negotiation or mediation. If they agree on every issue, the result is an uncontested divorce, which is typically faster and more straightforward. The court reviews the agreement to ensure that it meets legal standards before issuing the final divorce order.

If the spouses cannot agree, the case moves toward a more formal process. A judge may need to step in to resolve disputes over property, support, or parenting time. This situation—known as a contested divorce—may take longer and often requires additional hearings or evidence before the court can make a final decision.

However it happens, once all decisions are made, the court issues a final order. This document formally ends the marriage and outlines how finances, parenting responsibilities, and other matters will be handled moving forward.

Why January Feels Like the Right Time for Many People

Starting a divorce early in the year doesn’t mean a relationship fell apart overnight. In most situations, the individuals involved have spent significant time considering their next steps. The new year simply gives many people a symbolic and practical moment to move forward.

While the legal side of divorce is important, the emotional aspect deserves equal attention. It’s normal to feel anxious, uncertain, or overwhelmed. Speaking with an attorney early in the process can help you understand your options, protect your interests, and prepare for the decisions ahead.

Taking the First Step Toward Clarity

Whether you’re exploring the idea of divorce or looking for information on how the process works, having accurate, accessible guidance can make everything feel more manageable. Understanding the steps involved can reduce fear and help you move forward with confidence.

If you or someone you care about is thinking about beginning this process, our team is available to support you. Reach out anytime to learn more or set up a time to talk about your situation.