Family law attorneys across the country see the same pattern every year: divorce filings climb noticeably in January. Couples who have been quietly unhappy tend to hold things together through the holidays for the kids, for extended family, or simply out of habit — and then treat the new year as a natural point to finally act.
Why the Timing Happens
Part of it is genuinely practical. Many couples wait until after the holidays to avoid disrupting a child’s last Christmas in an intact household, or to avoid an awkward season of family gatherings mid-process. Part of it is psychological — a new year creates a natural sense of a fresh start, and “this is the year I make a change” is a common way people frame big decisions generally, not just divorce.
Why Preparing in December Makes a Real Difference
If you already know a January filing is coming, using December to prepare puts you in a stronger position than starting from scratch. That preparation typically includes gathering financial documents — tax returns, pay stubs, bank and retirement account statements — before things become more contentious and harder to obtain, understanding what property is separate versus community, and thinking through practical logistics like housing and finances during the process itself. Once January comes about, start collecting the W-2s and 1099s as well as year end credit card and account statements.
Talk to an Attorney Before You File, Not After
A consultation before filing lets you understand what to expect procedurally, what temporary orders might look like for support or possession of the home, and how long the process typically takes given your specific circumstances.
If You Suspect Your Spouse Is Preparing to File
The same preparation advice applies if you suspect your spouse may file, rather than you filing first. Gathering your own financial picture and understanding your rights early gives you options rather than leaving you reacting to whatever happens next.
If a January filing — by you or your spouse — feels like where things are headed, it’s worth a conversation now. Our divorce attorneys can help you prepare. Contact us to schedule a consultation.
