January: The Start of Many Divorces

Tiana A. Bey

January: The Start of Many Divorces

 

Often termed "Divorce Month," January sees an uptick in divorce filings as identified by various legal experts. Post-holiday, numerous individuals decide to initiate divorce proceedings for several compelling reasons.

Thinking of divorce or know someone who is? Grasping the process can make the situation a bit easier to navigate.

Why Divorce Rates Climb in January

Multiple factors contribute to the rise in divorces during January. The holiday season can be stressful for some, pushing relationships to their limit. Others opt to delay the process until the new year to share one last festive time with their family.

January symbolizes a chance for new beginnings. With the new year, people often pursue major life changes, such as improving health, shifting careers, or addressing long-avoided relationship issues.

Practical motivations also exist. Finalizing a divorce in January allows couples to complete the tax year together. Additionally, year-end bonuses or new health insurance plans can influence the timing. Parents might choose to wait until children return to school to maintain stability during holiday breaks.

The Divorce Journey

Divorce begins with document preparation. This entails collecting details about finances, properties, and child care arrangements, if applicable.

The process officially starts when one spouse files a petition with the court. This includes basic information and requests related to property division, child custody, or support needs.

The filed petition must be delivered to the other spouse via a process server, sheriff, or sometimes through a signed waiver. Proof of service is then filed, allowing the case to proceed.

The other spouse is given a deadline to respond. If they do, the case involves both parties. If not, the initiating spouse can request the court to continue without the other using a default process.

During proceedings, either spouse can seek temporary orders for residence arrangements, financial responsibilities, or parenting time. Such orders help maintain normalcy until the process concludes.

Comprehensive sharing of financial information is mandatory, detailing income, assets, debts, and expenses. This transparency ensures equitable handling of assets and supports decision-making. Omissions or dishonesty can result in penalties.

Couples may resolve matters through dialogue or mediation. An uncontested divorce happens when mutual agreement is reached, allowing the court to finalize the divorce promptly.

If disputes persist, court intervention may be necessary, leading to a contested divorce that extends the duration, especially with intense conflicts.

Once resolved, be it through agreement or judicial decision, a final order concludes the marriage, detailing the management of assets, support, and childcare duties.

January’s Choices: Deliberate Steps Toward Divorce

Initiating divorce in January doesn’t imply post-holiday turmoil; many have pondered this decision for months. The new year merely provides a logical time to act.

The legal aspects are crucial, but emotional considerations are equally significant. Even when viewed as the correct course, divorce can be emotionally taxing. Consulting a lawyer early can offer guidance and protection for yourself and your family.

Embracing a New Beginning with Understanding

Whether contemplating divorce or seeking knowledge about the process, having accurate information is invaluable. Understanding what lies ahead can alleviate worry and instill confidence in decision-making.

If you or someone you know is considering divorce, our team is here to provide support. Contact us today to learn more or arrange a discussion about your circumstances.