Filing for divorce is never easy, but when you add the stress and emotional weight of the holidays, the process can feel overwhelming. The holiday season is typically associated with family gatherings, joy, and celebration, so it can be a tough time to initiate a divorce. However, for some couples, the end of the year also brings reflection, making it a natural time to decide whether a marriage is working.

In California, divorce follows a legal process that may seem complicated, especially if you’re filing during the holidays. Below, we’ll guide you through the steps to file for divorce and offer tips on how to manage the emotional and practical challenges that come with ending a marriage during this sensitive time.

1. Evaluate the Timing

Before diving into the legal aspects, it’s important to evaluate whether the holiday season is truly the best time to file. There are both advantages and disadvantages to consider. For example, you may consider benefits like:

Year-End Reflection: Many people spend the holidays reflecting on their lives and relationships, making it a natural time to acknowledge that a marriage is no longer working.
Tax Considerations: If you finalize your split before the end of the year, your tax filing status for the year may change, which could benefit you financially, depending on your situation.
New Year, New Start: For some, starting the divorce process before the new year offers a sense of closure and the opportunity to begin the next chapter of life with a clean slate.

On the other hand, you should also consider potential disadvantages of filing during the holidays, such as:

Emotional Weight: Breaking up during the holidays can be emotionally draining, not just for you but also for any children or extended family involved.
Potential for Delays: Courts may operate on reduced schedules during the holiday season, which could delay hearings or the processing of paperwork.

Consider these factors carefully before deciding whether to proceed with your divorce during this busy and often emotional time.

2. Understand the Legal Requirements

California is a no-fault divorce state, meaning you don’t need to prove that either party is to blame for the breakdown of the marriage. The only grounds for ending a marriage in California are “irreconcilable differences,” which is a broad term encompassing any reason that a marriage cannot be repaired.

However, there are other requirements you need to meet. For example, to file for divorce in California, one spouse must have been a resident of the state for at least six months. Additionally, one spouse must have lived in the county where the divorce is being filed for at least three months. If you or your spouse have recently moved, ensure that these residency requirements are met before initiating the filing process.

In addition, California has a six-month waiting period before a divorce can be finalized. This means that even if you file for divorce during the holidays, the divorce won’t be legally finalized until at least six months after filing. However, you can still make progress during this time, such as negotiating child custody or dividing assets.

3. Prepare the Required Documents

To officially begin the divorce process, you will need to gather and complete several important forms:

Petition (FL-100): This is the main document where you request a divorce.
Summons (FL-110): This form officially notifies your spouse that you are filing for divorce.
Declaration of Disclosure (FL-140): In this document, you disclose your financial information, including income, debts, and assets.

After completing these forms, file them with the court in your county. You will also need to serve your spouse with copies of these forms.

4. Service of Process

Serving your spouse with divorce papers is a critical step in the process. California law requires that your spouse be formally notified of the filing, and this must be done by someone other than you. You can hire a professional process server or ask a trusted friend or family member to deliver the papers.

If you’re filing during the holidays, be mindful that people may be out of town or unavailable, which could cause delays in serving the papers. Planning ahead can help mitigate these delays.

5. Managing the Emotional Impact

Filing for divorce around the holidays can be emotionally challenging. The festive season can amplify feelings of loneliness, sadness, and uncertainty about the future. Here are some ways to manage the emotional impact:

Focus on Self-Care: Take time for yourself during this difficult period. Whether it’s engaging in physical activity, spending time with friends, or enjoying a quiet holiday, make sure to prioritize your emotional well-being.
Be Honest with Children: If you have children, the holidays can be particularly hard for them. Be honest about the split in age-appropriate ways, and try to keep some holiday traditions intact to give them a sense of normalcy.
Lean on Support Networks: Friends, family, and professional counselors can provide much-needed support during this time. Don’t hesitate to reach out to those who can offer encouragement and guidance.

6. Coordinate with Your Attorney

The holiday season can slow down the divorce process because courts may close or operate with reduced hours. To avoid delays, make sure to coordinate closely with your attorney and file any necessary paperwork as early as possible. Your lawyer can also help manage the logistics of child custody arrangements, asset division, and other time-sensitive issues during the holidays.

7. Consider Alternatives to Litigation

During the holidays, many couples may feel a stronger urge to avoid courtroom battles and seek more amicable solutions. Alternative dispute resolution (ADR) methods, such as mediation or collaborative divorce, may offer a less adversarial path. These options allow couples to work together to resolve their differences, making the holiday season less stressful for everyone involved.

Talk to the Professionals About Your Potential Holiday Divorce

Filing for divorce around the holidays may feel overwhelming. Still, with careful planning and the right support, you can navigate this challenging time with confidence. If you’re considering filing for divorce during this period, Kaspar & Lugay, LLP is here to help. Our experienced family law attorneys can guide you through each step of the process, ensuring that your rights are protected and helping you prepare for a fresh start in the new year.