George Nelson | Jan 08 2026 16:00
Why January Sees a Spike in Divorce Filings
January has long carried the unofficial title of “Divorce Month,” and many attorneys observe a noticeable rise in new cases as soon as the holidays end. Although the trend may seem unexpected at first, a mix of emotional, practical, and logistical factors often leads people to begin the divorce process at the start of a new year.
If you or someone close to you is thinking about divorce, gaining a clear understanding of how the process works can help make the path forward feel more manageable.
Why Divorce Filings Increase After the New Year
Several common factors contribute to the surge in divorce filings during January. For many couples, the holiday season brings added stress. Tension that has been building throughout the year may come to a head, prompting people to move forward with a decision they have been considering for a long time.
Other spouses choose to delay filing so their family can enjoy one last holiday season together. Once January arrives, the emotional pressure of “getting through the holidays” lifts, making it easier for them to take the first step.
January also symbolizes new beginnings. The start of a new year often inspires people to evaluate major areas of their lives. Just as some commit to health changes, career moves, or financial goals, others decide it’s finally time to address long-standing relationship issues.
There are also practical reasons behind the January trend. Waiting until year-end allows couples to complete the tax year jointly, which may simplify filing. Some individuals hold off until bonuses are paid or new insurance benefits begin. Parents may also find it easier to start the process after children return to school, reducing disruption during the holiday break.
Understanding How the Divorce Process Works
The divorce process begins with gathering essential information. This includes documents related to income, assets, debts, property, and—if children are involved—details about their schedule, needs, and care.
Once everything is in order, one spouse submits a petition to the court. This petition outlines important facts as well as what the filing spouse is asking the court to resolve. Requests may include how to divide property, how to handle parenting arrangements, and whether support will be needed.
After the petition is filed, it must be formally delivered to the other spouse. Delivery may happen through a process server, sheriff, or occasionally through a waiver signed by the receiving spouse. Proof that the petition was received must then be filed with the court to move the case forward.
The receiving spouse is given a set amount of time to respond. If they file a response, the case continues with participation from both parties. If they do not reply, the filing spouse can ask the court to proceed without the other party’s involvement through what is known as a default process.
During the case, either spouse may request temporary orders. These are short-term rules that address immediate concerns, such as who will stay in the home, how bills will be paid, or how parenting time will be handled. Temporary orders provide stability while the larger issues are worked out.
Both spouses must also exchange complete financial information. This includes income, savings, debts, monthly expenses, and other relevant details. Full transparency is essential because accurate information helps ensure fair decisions regarding property division, support, and financial obligations. Leaving out information—or providing incorrect details—can lead to penalties.
Many couples resolve their divorce through mutual agreement or mediation. If both spouses are able to negotiate terms and settle all issues, the court can approve their agreement and issue a final order. This type of “uncontested divorce” often moves more quickly and with less conflict.
When spouses cannot reach an agreement, the case may proceed to court. In these situations—known as contested divorces—a judge makes the final decisions after reviewing the evidence and hearing arguments from both sides. Contested cases typically take longer because they involve more complex disagreements.
Once all issues are resolved, either through an agreement or a court ruling, the judge issues the final divorce order. This document legally ends the marriage and outlines how property will be divided, how support will be handled, and how parenting responsibilities will be shared moving forward.
Why January Doesn’t Tell the Whole Story
Filing for divorce in January does not mean that a relationship suddenly deteriorated over the holiday season. In reality, most people have been contemplating the decision for months or even years. The new year simply provides a natural moment to act on concerns that have built up over time.
Although the legal procedure matters, the emotional side of divorce is equally important. Even when it is clearly the right step, divorce can be an incredibly difficult experience. Speaking with a lawyer early on can provide clarity about the process and offer guidance on what steps to take to protect yourself, your children, and your financial well-being.
A Clear Path Forward
Whether you are beginning to explore the idea of divorce or simply want to understand how the process works, having accurate information can make a significant difference. When you know what to expect, it becomes easier to move through the process with confidence and make informed decisions about the future.
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.