Are You Ready for “Divorce Month”?

January has long been known in the legal and family counseling worlds as “Divorce Month.” For reasons ranging from New Year’s resolutions to post-holiday stress, more couples file for divorce in January than in any other month of the year. If you’ve been considering ending your marriage, you may be wondering whether January is the right time to take the plunge. Understanding why “Divorce Month” happens, the steps involved in filing for your split, and how to prepare yourself emotionally, financially, and legally can help you make the right decision for your circumstances.

Why Is January Known as “Divorce Month”?

The phenomenon of January’s spike in divorce filings isn’t just anecdotal. Many attorneys and family therapists have observed the pattern over decades. Several factors contribute to this trend. For one, the holiday season often serves as a turning point for couples. Family gatherings, financial strain, and unmet expectations can amplify marital tensions, making the cracks in a relationship more visible. Many people choose to stay together through the holidays, particularly if children are involved, to avoid disrupting family traditions or creating additional stress. Once January arrives, those who have been contemplating a split often feel ready to take action.

January also represents a fresh start. New Year’s resolutions encourage people to reevaluate their lives and focus on personal growth and happiness. For some, this means making the difficult decision to leave an unhappy or unhealthy marriage. In addition, the start of a new calendar year can make financial planning for divorce more straightforward. For example, tax implications and the division of assets can be simpler when handled at the beginning of the year.

Preparing for Divorce Emotionally

Divorce is one of the most emotionally challenging experiences a person can face. Before you file, it’s essential to take stock of your emotional well-being and seek support. Consider talking to a therapist or counselor who can help you navigate the complex feelings associated with getting divorced. This can include processing grief, managing stress, and developing coping strategies for the changes ahead.

Support from friends and family is also invaluable during this time. However, it’s important to be selective about who you confide in. Not everyone will understand your decision or be able to provide the support you need. Choose people who can offer a listening ear without judgment.

If you have children, their emotional well-being should be a top priority. Preparing them for the changes that come with a split requires careful planning and sensitivity. Be honest with your children in an age-appropriate way, and reassure them that both parents love them and will continue to be involved in their lives.

Financial Preparation for Divorce

Divorce can have significant financial implications, so preparation is key. Start by gathering all relevant financial documents, including bank statements, tax returns, pay stubs, and records of debts and assets. Understanding your financial situation will help you and your attorney develop a strategy for dividing assets and liabilities fairly.

It’s also important to create a budget for your post-divorce life. Consider how your income and expenses will change and whether you’ll need to make adjustments to your lifestyle. If you’re not already familiar with your household’s financial situation, now is the time to educate yourself. Understanding your finances will empower you to make informed decisions during the process.

In some cases, consulting a financial advisor who specializes in divorces can be beneficial. They can help you understand the long-term financial impact of various settlement options and ensure that you’re planning for your future.

The Legal Process of Divorce in California

The legal process of divorce, known as “dissolution of marriage” in California, involves several steps. Understanding these steps can help you feel more prepared and less overwhelmed.

1. Filing the Petition: The first step is filing a petition for the dissolution of marriage with the appropriate court. The petition outlines your intent to end your marriage and may include requests for child custody, spousal support, and the division of assets and debts.
2. Serving the Petition: After filing, the petition must be served to your spouse. This ensures that they are formally notified of the divorce proceedings.
3. Response: Once served, your spouse has a limited time to respond to the petition. Their response may agree with or contest the terms outlined in the petition.
4. Temporary Orders: In some cases, temporary orders may be necessary to address issues like child custody, support, or living arrangements while the divorce is pending.
5. Discovery and Negotiation: Both parties will exchange information about their finances, assets, and other relevant matters. Negotiations may take place to reach an agreement on the terms of the divorce.
6. Mediation or Collaborative Divorce: Many couples opt for mediation or collaborative divorce to resolve disputes outside of court. These approaches can be less adversarial and more cost-effective than litigation.
7. Finalizing the Split: If an agreement is reached, the terms will be outlined in a marital settlement agreement and submitted to the court for approval. If disputes remain, the case may go to trial, where a judge will make the final decisions.

In California, it’s possible to pursue a no-fault divorce, meaning you don’t need to prove wrongdoing by your spouse to file. The state’s residency requirement mandates that at least one spouse must have lived in California for six months before filing.

How to Decide If January Is the Right Time

While January is a popular month for divorce filings, it may not be the right time for everyone. Consider your personal circumstances and whether you feel prepared emotionally, financially, and legally. If you’ve been contemplating an end to your marriage for some time and have taken steps to prepare, January could offer a symbolic fresh start.However, rushing into a decision can lead to unnecessary stress and complications. If you’re unsure, consult a family law attorney who can provide guidance tailored to your situation. At Kaspar & Lugay LLC, we understand that deciding to divorce is never easy. Whether you’re ready to file for divorce or simply exploring your options, we’re here to help. Contact us today to schedule a consultation and take the first step toward a brighter future.