Should you ask for a divorce in January?

Photo of attorney Melinda L. Singer

Perhaps you’ve been considering a divorce, but putting it off. Maybe you know that you want to end your relationship, but you’re just not sure when to do it.

If you look at the statistics, you will find that people often file for divorce in January. Certainly, there are divorce cases all year, but there is a clear decline in the frequency of these cases through November and December, and then there is usually a reversal in January, when a lot more cases come in. Why is this and why would you consider doing the same thing?

A resolution and a fresh start

One reason to do this may be if you’ve been making New Year’s resolutions and trying to change your life. You see this as a fresh start and you know that you want things to be different in the year going forward. You may discover that ending your relationship is one way to create the future that you want. This makes it a very natural time to start this process.

The holidays are behind you

Another reason that people do this, especially when they have children, is that they want to wait until the holiday season is over. This is why the divorce cases decline in frequency through November and December. But once the holidays end and the kids go back to school, Couples will move forward with the divorce.

A financial divide

At some point, you and your ex are going to have to divide your finances. This may happen at the date of separation and it can influence property division. Doing this at the beginning of the year makes things simple. It can also have some tax implications you may be interested in.

If you do decide to end your marriage, take the time to consider all the legal options you have.

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