The Truth About January, “Divorce Month”

The Truth About January, “Divorce Month”

The Truth About January, “Divorce Month”

For generations of Americans, January is a time to reset expectations for the year ahead through resolutions, such as better health routine or a renewed commitment to learning. Increasingly, it is also growing in reputation as the ideal time for struggling couples to hang up their marriage and file for divorce.

Yet, while January does trend higher in new divorce inquiries than the last few months of the year, it is important to keep in mind that divorce timing is always cyclical and fairly consistent throughout the year, except when it dips—most notably—during the holiday season.

Why is Divorce More Common in January?

The main reason couples choose to wait until the new year to begin the divorce process is to get through the holidays. With travel plans and plane tickets purchased months in advance, it is often more convenient to wait. There is also a common concern for children and extended family getting to see each other again.

But the clearest answer as to why couples wait until the new year to get divorced is that divorce can be expensive—and without a clearly prepared strategy designed by a qualified attorney, a healthy or equitable resolution becomes less likely.

While Inquiries and Requests for Consultation certainly pick back up again beginning in mid-January, actually filing for divorce is likely to come several weeks later once counsel has put together the strongest framework for an individual’s case. In fact, March is the busiest month for filing for divorce in Florida!

Is It Better To File For Divorce Early In The Year? 

One question we hear from our clients in Boca Raton and West Palm Beach every January is whether there are monetary advantages to filing for divorce early in the year. It is perfectly normal to consider your tax implications when preparing for a Florida divorce.

But because Florida is a no-fault state, there are no immediate or guaranteed monetary benefits to filing for divorce first. However, in the spirit of New Year’s Resolutions, we recognize that it is often soothing and psychologically beneficial to be the first to file in divorce proceedings. With a well-built case, we support our clients assuming the role of the petitioner to help them “feel less beholden” to the requests of what would otherwise be the petitioning party.

If you are considering divorce in January 2020, one thing is for sure: the best first step is to discuss your options with a qualified Florida attorney. And remember that a divorce consultation does not preclude you from repairing your marriage or experimenting with trial separation before entering into divorce proceedings.


With over 30 years of combined experience, Jason Brodie Esq. and Joshua Friedman Esq. will guide you toward realistic goals and provide committed advocacy toward achieving them. They are known throughout South Florida for dedicated client service, tenacity and success in complex divorce litigation involving property division, child custody and spousal support.

To get a better understanding of the qualities our reputation is built on, Contact Our Office in Boca Raton to schedule your initial phone consultation (561) 392-5100

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