Southern California Family Law Blog

With the start of a new year, many people make New Year’s resolutions. They may pledge to be healthier or to save more money. However, for many others, the start of a new year brings an even bigger change to their lives: divorce.

Aside from marking the start of a new year, the first of January also is the beginning of “Divorce Season.” Starting in January and through early March, divorce rates are much higher. In fact, some family law attorneys have begun to refer to the Monday after New Year’s Day as “Divorce Monday” and “D-Day.”

So while the stats show that divorce rates increase in January, they don’t show why. How come more people file for divorce in January?

Waiting to Divorce After the Holidays

One main reason why the divorce rate spikes in January is because many people decide to wait until after the holiday season to file for divorce. Thanksgiving, Christmas (or Hanukkah, or whatever holiday you celebrate), and New Year’s Eve all prevent people from filing for divorce, and there are many reasons why.

First of all, some people simply don’t want to break up their families during the holiday season. With such a short of amount of time between holidays, people understand that there is likely not enough time to come to a court-approved agreement for custody and visitation rights regarding their children for the holidays.

In addition, parents may wish to give their children “one last Christmas” before breaking up with their spouse. Many people who wait to file for divorce in January are married couples with children. The holidays are a magical time for kids, and parents are often afraid that starting the divorce process during this time will tarnish some of that magic.

Finances are Better in January

Another common reason people cite for holding off on filing for divorce until January is the financial stress that the holidays cause. Between the gifts, feasts, decorations and possible travel expenses, many families spend a large amount of money in November and December, and spending this kind of money can cause a great deal of stress.

If you are delaying filing for divorce because of this reason, it is likely because you are afraid you won’t have access to all of your funds or you may lose access to joint funds split between you and your husband or wife. However, you should know that there is never a “good time” for divorce, and you should not delay the termination of your marriage due to monetary concerns.

The Holidays are a Season of Love

As noted earlier, the holidays are a magical time. There is love in the air and marriage proposals are happening everywhere. For married people with problems in their relationship, they may view this time as a way to rekindle the fire of love. However, if the holidays pass and that flame is no longer burning, it is common for people to give up hoping their relationship gets better and start the divorce process.

Don’t Wait! Call a Divorce Lawyer Right Away

If you are planning on filing for divorce, it is important that you speak to an experienced divorce lawyer immediately. Do not wait until a time you feel is right. Even if you aren’t quite ready to officially file for divorce, you should work with an attorney to prepare to file for divorce. This will help expedite the divorce process and set you up with the best chance to obtain a favorable outcome in your divorce case.

Our attorneys at Wallin & Klarich have been successfully fighting for the rights of our clients in divorce cases for more than 35 years. With offices in Orange County, Riverside, San Bernardino, Victorville, Los Angeles, West Covina, Torrance and San Diego, our skilled family law attorneys can help you no matter where you work or live.

Contact our law firm at (888) 749-7428 for a free phone consultation about your case. We will be there when you call.

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