Divorce filings rise in the month of January because couples tend to wait until after the holidays to separate. James McLaren, past president of the American Academy of Matrimonial Lawyers commented that in the month of January “we see a significant increase in people seeking out divorce advice and, ultimately, filing. The number of filings is one-third more than normal.” Similar trends are seen in the U.K.: 1 in 5 couples plan to divorce after the holidays, according to a recent survey of 2,000 spouses by legal firm Irwin Mitchell. The survey also found that instructions to lawyers to file for divorce are also up 27% so far this month compared with an average month.
Many theorize that the rise in filings at the beginning of the year is due to couples not wanting to dampen the holidays with news of a divorce. Those hoping for an amicable resolution once the divorce proceedings are filed may consider whether their spouse will be so eager to settle if the holidays are marred by a separation and talk of divorce. Additionally, there may be concern that a disgruntled spouse could use the divorce as an excuse to spend more on gifts then he/she otherwise would have spent. While running up credit cards and draining bank accounts can happen at anytime of the year, a spouse may be less likely to do so after the holidays.
Waiting until after the craziness of the holidays has passed gives parties more time to plan and prepare. In order for an attorney to have a clear understanding of income, assets, and expenses parties will need to begin collecting financial documents. End of the year statements are an important piece to the financial picture. Many of these documents are not available until the end of December or the beginning of January.
If you are considering divorce, Hess Family Law can provide advice based on your particular situation and goals.
Source: Reuters, Considering divorce? Good reasons to wait for January, Geoff Williams, December 4, 2015
Marketwatch.com, Why January is a popular month to file for divorce, Quentin Fottrell, January 6, 2015