Why Many People Wait Until January to Consider Divorce

January is often called “Divorce Month” because family law attorneys commonly receive more divorce-related inquiries after the holiday season. It is not accurate, however, to say that January is always the month with the most divorce filings nationwide. Filing patterns vary by court and location.

A University of Washington study of divorce filings in Washington state found that filings began increasing after the winter holidays but peaked in March. The researchers also found another seasonal peak in August following summer vacations.

The research nevertheless supports the broader observation that many spouses wait until after a family-centered season before beginning the divorce process. Some use the additional time to reconsider their decision, speak with an attorney, gather documents, and develop a practical plan.

The Emotional Effect of the Holidays

The holidays can place added pressure on relationships that are already struggling. Couples may be managing travel, visits with extended family, financial demands, children’s activities, and expectations of a happy celebration. Introducing a divorce during this period can intensify an already emotional situation.

Some spouses wait because they do not want to disrupt established holiday plans or create an immediate association between the divorce and an important family tradition. Parents may also want time to decide how and when to speak with their children about the separation.

Waiting should not mean pretending that everything is perfect or involving children in a false story about the marriage. Children frequently sense tension even when their parents do not openly discuss it. The better objective may be to keep adult disagreements away from the children while creating an age-appropriate plan for explaining the family’s transition.

The firm’s article on telling children about divorce provides additional considerations for parents preparing for this conversation.

Time to Cool Down and Make a Plan

A short period of reflection may help a spouse determine whether divorce is truly the desired course. It can also provide time to think about immediate practical questions, including:

• Where each spouse will live;
• How household expenses will be paid;
• What temporary parenting arrangements may be appropriate;
• Whether counseling or mediation should be considered;
• Which financial documents need to be collected; and
• How and when the children should be informed.

Beginning the process with a plan may reduce impulsive decisions. It can also help a person distinguish between issues that are legally significant and personal property disputes driven primarily by anger.

Waiting is not appropriate in every situation. A person experiencing domestic violence, threats, stalking, financial coercion, or concerns about a child’s safety should not delay seeking professional assistance merely to preserve a holiday schedule.

Protecting the Family’s Finances

Holiday spending can complicate a family’s financial circumstances. Credit-card balances may increase, year-end bonuses may be deposited, and substantial purchases may be made while the relationship is deteriorating.

A spouse concerned about unusual spending should begin monitoring jointly held accounts and preserving account statements. That does not mean secretly draining an account, concealing property, destroying records, or attempting to move assets beyond the other spouse’s reach. Such conduct may create significant problems during the divorce.

Instead, a spouse can document account balances, recurring expenses, debts, and major transactions. An attorney can provide advice about whether temporary court orders or other protective measures may be appropriate.

Gathering Financial Documents

The beginning of the year is often a convenient time to assemble financial information. Employers, financial institutions, and investment companies begin issuing tax and year-end documents that can help establish the family’s income, assets, debts, and expenses.

Relevant records may include:

• Recent federal and state income-tax returns;
• W-2 and 1099 forms;
• Pay statements and employment contracts;
• Bank and credit-card statements;
• Retirement and investment account statements;
• Mortgage, home-equity, and other loan records;
• Life-insurance policies;
• Business tax returns and financial statements;
• Records concerning valuable personal property; and
• Documentation of regular household and child-related expenses.

A spouse should preserve records to which the spouse has lawful access. Attempting to enter password-protected accounts without authorization or improperly obtaining private communications could create separate legal issues.

Developing a complete financial picture is especially important when a case involves a business, substantial investments, deferred compensation, or other complicated property. Additional information is available in the firm’s guide to navigating complex divorce cases.

Understanding the Potential Tax Consequences

The original version of this article suggested that separating spouses would probably file a joint return until the divorce was finalized. That is not necessarily true.

Federal filing status generally depends on whether the spouses remain legally married on the final day of the tax year. Spouses who are still married on December 31 may potentially file jointly or as married filing separately, depending on their circumstances. If a divorce is final by December 31, the former spouses generally cannot file a joint return for that year.

Other rules, including those involving head-of-household status, dependent children, property transfers, and the allocation of tax liabilities, can complicate the analysis. A divorce attorney and qualified tax professional can help evaluate the possible consequences. The firm also provides information about tax issues in Missouri divorce and family law matters.

Consulting an Attorney Does Not Require an Immediate Filing

Speaking with a divorce attorney does not obligate someone to file a case. A consultation can help a spouse understand the applicable law, likely court procedures, financial concerns, and steps that may be taken before making a final decision.

If one of your New Year’s resolutions involves separating from your spouse, the divorce attorneys at Stange Law Firm, PC can discuss your circumstances and help you understand your options.

To schedule a confidential consultation, call 855-805-0595 or contact us online.