Most people think of January as the month for New Year’s resolutions – a time to get rid of our bad habits and improve ourselves. Sometimes improving your New Year means getting a divorce. In fact, January is referred to as the “divorce month.” While divorce rates spike in the first three months of each year, January has the highest rates for first meetings with divorce lawyers than any other month.

Ending a marriage is rarely a quick process. There must be strategies for moving forward, planning for child custody and visitation, splitting up marital assets, perhaps moving to a new home, and, in some cases, even getting a new job. The divorce process is neither quick nor easy for most couples. So, January could more accurately be called the start of the highest number of divorces rather than the month when most divorces are filed or finalized. In reality, most divorces occur in March because most of them begin in January.

Why Do So Many Divorces Occur in January?

There are many theories when analyzing why January seems to be the prime month for divorces.

• Holiday Stress. Perhaps the stressful holidays prompt those whose marriage is on the brink anyway to call it quits after New Year’s. Holiday spending, expensive travel arrangements, and spending time with extended family can exacerbate arguments about money and family.

• Waiting for the Kids. For some, the thought of “ruining” the holidays for the children is enough to make them hang on until after the first of January. Who wants to be the one who spoiled Christmas for everyone else?

• Tax Reasons. Others have a much more practical reason. The divorce won’t impact taxes from the previous year by waiting until the new year. They can file as married for the past year. Then beginning January 1^st, it’s a whole new world as far as taxes are concerned.

• Starting Fresh. It could also be just as simple as looking for a fresh start to the new year. Since we typically try to “fix” the problems in our lives in January, a broken marriage might qualify.

Should You File Before or After the Holidays?

If you’ve been in an unhappy marriage for a while, you likely don’t relish the thought of staying in it during the holidays. Even so, it could be less stressful to wait until the new year—more manageable. Your finances could have eased a bit after the holidays—unless you maxed out the marital credit cards on Christmas—so waiting until after the 1^st might make it easier to discuss touchy financial issues.

If you have children, waiting until after the holidays could significantly benefit them, allowing them to enjoy Christmas with both parents—and preventing them from forever associating Christmas with divorce.

There are, however, some reasons why divorcing before or during the holidays might make more sense.

If you’re in an abusive marriage, you probably know that holidays can trigger abusers. This can make it dangerous for you and the children. If you suffer from domestic violence, get out as soon as possible.

Another reason to divorce during the holidays is when both partners are in full agreement regarding the divorce, there are no minor children, and thus no need for mediation or court decisions. If this is the case, then finalizing the divorce during the holidays might give you both the new start you need in the New Year.

If the holidays are going to be extremely awkward when both spouses are aware that a divorce is looming, then there may not be a good reason to wait until the New Year. Most people spend Christmas with extended family members who will likely know something is happening between you both. As such, starting the divorce process before the holiday season could save you some difficult conversations.

If the desire for divorce is not mutual, then waiting until after the holidays could give your spouse false hope that you want to try to save your marriage. If you’re certain your marriage is unsalvageable, divorce before the holiday season might be kinder to your spouse in the long run.

When is the Right Time to File for Divorce?

Only you can decide the “right” time to file for divorce—if there is a right time. Some things you might want to consider include the following:

• Whether you and your spouse intend to file jointly or whether you will file and have your spouse served
• Whether you have a good co-parenting relationship with your spouse
• If your attorney is available during the holiday season
• Your “typical” family holiday schedule
• Whether your divorce will be uncontested or extremely contested and contentious
• Whether your family will be judgmental or supportive

Contact Our Atlanta Divorce Attorneys

If you have questions about divorce, spousal support, child custody, or family law matters, our Atlanta divorce lawyers are here to help.

At Hobson & Hobson, P.C., our Atlanta divorce attorneys work to guide you through the tense divorce process with ease. We know that couples want to move through the divorce quickly and efficiently, so they can rebuild their lives.

Call us at (770) 284-6153 or fill out our confidential contact form. We can set up a consultation so that you can review all your legal options.

Sarah Hobson

Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.