January is unofficially known as “Divorce Month,” a time when many couples take a closer look at their relationships and long-term plans after the holiday season. But is it really better to wait until January to finalize a divorce? In this Ask the Expert feature, Ligris attorney Evey M. Diaz explains why divorce filings tend to increase in January and what individuals and couples should thoughtfully consider before taking the next step.

Why is January called “Divorce Month”?

January is often referred to as “Divorce Month” because family law attorneys typically see a noticeable increase in inquiries and filings after the holidays. Many people push through difficult relationships during November and December to preserve family traditions, avoid disrupting children’s routines, or simply get through a stressful season. Once the new year begins, people often feel emotionally ready to confront realities they’ve been postponing and make long-term decisions about their future.

Is January really the busiest month for divorce?

January is certainly one of the busiest months for consultations and new cases, but divorces happen year-round. January tends to bring clarity and momentum – people have had time to reflect, evaluate their relationships, and decide whether change is necessary. In that sense, it can also be a hopeful time for people who are ready to move forward intentionally.

Why do people wait until January to file?

There are several practical and emotional reasons why people wait until January to file for divorce:

• The holidays: Many couples want to preserve stability for their children during the holidays or avoid conflict during family gatherings or pre-planned family vacations.
• Financial planning: Year-end bonuses, tax considerations, or budgeting for legal expenses often factor into timing.
• Emotional readiness: The new year symbolizes fresh starts and resolutions, which can empower people to finally take action.
• Logistics: School schedules, childcare routines, and work calendars often feel more manageable after the holidays pass.

What are the most common reasons couples seek divorce this time of year?

The most common reasons couples seek divorce in January that we frequently see include:

• Long-standing communication breakdowns that came to a head during holiday stress.
• Parenting conflicts and differing values about family structure and each parent’s respective responsibilities/ division of labor.
• Financial strain, debt, or disagreements about spending and priorities.
• Emotional disconnection or loss of trust following an extramarital affair.
• A realization that the relationship is no longer healthy or sustainable.

Often, January brings a sense of clarity rather than impulsivity – many clients have been considering this decision for months or even years.

How do you prepare for this busy season as a divorce lawyer?

Preparation for the busy season is both logistical and human. From a practice standpoint, we ensure our staffing, scheduling, and systems are ready to respond to an increase in inquiries and new matters. Equally important, however, is emotional readiness. Family law is intense, and if you don’t intentionally carve out time to rest, there is very little natural pause in the year. The year-end holidays provide a rare opportunity, absent emergencies, for family law practitioners to step back, refuel, and restore our energy.

As a mom, I also deeply value this time as an opportunity to be fully present with my daughter before January. That uninterrupted quality time – slowing down, reconnecting, and simply being together – is incredibly rejuvenating for the soul. It allows me to return to my work grounded, energized, and emotionally available for the families I serve.

Our clients are often reaching out during some of the most vulnerable moments of their lives. Being rested and fully present allows us to support them with clarity, patience, and compassion. Our goal is always to create a calm, organized entry point into what can otherwise feel like an intimidating process, helping clients feel informed, supported, and empowered from the very first conversation.

What advice do you have for individuals considering divorce?

First, recognize that divorce is a deeply personal decision before it is ever a legal one. Many people come to me unsure whether they should continue working on their marriage or begin the divorce process. I will never make that decision for someone and I don’t believe any professional should. That choice deserves intention, reflection, and honesty. Once clarity exists on the personal decision, the legal decisions naturally flow from there.

From a practical standpoint, take a breath and gather information before making big moves. Consult with a trusted attorney early so you understand your rights, obligations, and realistic outcomes. Avoid making decisions based purely on emotion or fear. If children are involved, keep their stability and emotional health front of mind at all times. And remember: divorce is not just a legal process — it’s a life transition that benefits from thoughtful planning and support.

What should couples consider before filing this month?

Before filing, it’s important to slow down and think strategically, not just emotionally. Filing for divorce is not simply a legal event; it often sets the tone for how the entire process unfolds.

One critical step is choosing the right attorney for your specific circumstances. Not every divorce requires the same expertise. If a case involves complex finances, business interests, or high-value assets, selecting a lawyer or firm with deep financial experience can be invaluable and may reduce the need for costly outside financial experts later. If a case is likely to involve contested custody or parenting issues, it’s equally important to work with an attorney who has meaningful experience in custody litigation and child custody evaluations. Fit matters – philosophically, strategically, and personally. Don’t feel obligated to hire the first attorney someone recommends or the first consultation you attend.

Financial awareness is also essential. Many people enter divorce without a clear understanding of the family’s full financial picture. Before signaling an intent to file, it can be helpful to locate and make copies of important documents such as recent tax returns, bank and investment statements, credit card statements, mortgage documents, insurance policies, and retirement account records. Becoming informed early helps reduce anxiety and allows for more thoughtful decision-making once the process begins.

Couples should also thoughtfully consider:

• Whether safety, financial stability, or housing requires immediate action.
• The emotional readiness of both spouses and the children.
• Whether mediation, counseling, or structured negotiation may be appropriate.
• Budgeting and short-term cash flow during the transition.
• Timing considerations related to school calendars, employment, and benefits.

Approaching the decision intentionally – with the right professional support and a clear understanding of the financial and emotional landscape – can significantly improve both the process and the outcome.

Final Thoughts

Divorce doesn’t have to be defined by conflict. With the right guidance, transparency, and professional support, many families are able to navigate divorce in a way that protects children, preserves dignity, and builds a healthier next chapter. Rather than simply marking an ending, January often gives families the space and perspective to begin building what comes next with renewed intention. It’s also important to acknowledge that divorce should not carry shame – especially for parents who may feel like they are “breaking up” their family. In many situations, choosing to leave an unhealthy or high-conflict relationship is actually a step toward restoring peace and emotional safety for everyone involved, including children. Healthy homes are built on stability, respect, and emotional well-being, not simply on remaining together at all costs. Everyone deserves the opportunity to build a life that feels safe, fulfilling, and aligned with their values. Many of my clients ultimately report that, while the process itself was difficult, they feel happier, more grounded, and more at peace once they are on the other side of the divorce.

If you are considering divorce or have questions about your legal options, contact Evey Diaz or another member of our Family Law Group to schedule a consultation.

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