Why January Sees a Surge in Divorce Filings

January has earned a reputation over the years as a month when divorce filings tend to rise. Attorneys and courthouse staff often notice an uptick in activity shortly after the holidays wrap up. While this pattern may seem surprising, many people choose the start of a new year to make significant life changes—including the decision to end a marriage.

If you or someone close to you is thinking about divorce, having a clear understanding of what the process involves can help make an overwhelming situation feel more approachable.

Why Divorce Rates Increase After the Holidays

Several factors contribute to the spike in divorce filings in January. For some couples, holiday-related stress amplifies existing tension, becoming the final push toward ending the relationship. Others intentionally wait until after the season so their family can enjoy one last holiday together before major changes begin.

The new year can also inspire people to pursue a fresh start. Much like setting resolutions to improve health, shift careers, or make other meaningful adjustments, January often becomes the moment many feel ready to address relationship issues they’ve been considering for a long time.

There are also logistical reasons. Some couples prefer to close out the tax year together for financial clarity. Others delay action until bonuses are paid, updated benefits take effect, or children return to school, reducing disruption during their winter break.

A Step-by-Step Look at the Divorce Process

Beginning a divorce typically starts with gathering the right documentation. This may include financial records, property information, and—if children are involved—details about their schedules and needs.

Once prepared, one spouse files a petition with the court. This document outlines essential information and requests regarding property division, custody arrangements, child support, or spousal support.

After filing, the petition must be formally delivered to the other spouse. This is often handled by a process server, a sheriff, or, in some cases, through a signed waiver. Once delivery is confirmed, proof of service must be filed so the case can move ahead.

The receiving spouse then has a set amount of time to respond. If they file a reply, both parties continue through the process together. If they do not respond, the filing spouse may request to proceed without their involvement, which is known as a default.

While the case is ongoing, either spouse can ask the court for temporary orders. These short-term decisions can establish who stays in the home, how expenses are covered, or how parenting time is divided until the divorce is finalized.

Both spouses must also provide full financial disclosure, including income, expenses, assets, and debts. This transparency is essential for fair decision-making. Withholding information or providing inaccurate details can lead to consequences or delays.

In many cases, couples are able to reach a mutual agreement through negotiation or mediation. If they come to a full agreement, the court can approve their plan and finalize the divorce. This is known as an uncontested divorce and usually moves more quickly and smoothly.

However, if major disagreements remain, the case may proceed to a court hearing, where a judge will make the final decisions. This contested process can take longer, especially when disputes involve finances or parenting arrangements.

When everything is resolved—whether through agreement or court ruling—a final judgment is issued. This document officially ends the marriage and outlines responsibilities and arrangements for the future.

Why January Feels Like the “Right Time” for Many People

Filing for divorce in January doesn’t mean the breakup happened suddenly. In most cases, the decision has been on someone’s mind for quite a while. The new year simply provides a natural opportunity to take action after a period of reflection.

The emotional side of divorce is just as significant as the legal steps. Even when ending a marriage is the best choice, it can still be painful and overwhelming. Speaking with a lawyer early in the process can help you understand what to expect and how to move forward with clarity.

Starting the Process with Confidence

Whether you're exploring divorce or simply want to understand how it works, having the right information can make all the difference. Knowing the steps ahead can ease uncertainty and help you make choices grounded in clarity and confidence.

If you or someone you care about is considering divorce, our team is here to offer guidance. Reach out to learn more or to schedule a time to talk about your situation.