What month do most people get divorced?

“Divorce Month” Is Quickly Approaching. Here’s How To Protect Yourselves

This is why divorce tends to peak during this period and what couples can learn from the trend.

Updated: Dec. 13, 2022
Originally Published: Oct. 12, 2022

Peter Dazeley/Getty

The holiday season can be a time of happiness, of coming together with friends and family. However, it also comes with a surprising, perhaps shocking statistic. Studies from law firms have shown that divorce rates can rise by one-third after the holidays, leading some people to grimly refer to January as “Divorce Month.”

Now, tracking divorce statistics is complicated for numerous reasons. And other studies suggest that March and August are when divorce filings peak. But, Google trends for “divorce” often spike around January and divorce lawyers note that there’s always a steep increase in interest about the divorce process during the first month of the year.

“I always get a lot of questions about the so-called ‘New Year’s Resolution Divorce,’” says Eric Solotoff, co-chair of the Family Law Department at the law firm Fox Rothschild. “It is a phenomenon that we see every year.”

So what accounts for the post-holiday divorce?

Why Does Divorce Spike In January?

According to Solotoff, the biggest reason that divorces rise following the holidays is a desire for one person in the marriage to start fresh and begin another year with a clean slate.

“Whatever unhappiness they’ve had, they don’t want it to last another year,” he says. “So they will say, ‘At least by the next new year, I will have made a fresh start and found happiness or escaped unhappiness.’”

Now, the desire to end a marriage in January usually isn’t a spur-of-the-moment decision. It tends to come on the heels of months, or even years, of discontent. Solotoff notes that he’s had clients who have contacted him in November or December to begin the process, but don’t tell their partners until after the season has passed.

“They don’t want to ruin Christmas for their children or their families,” he says. “But once that’s behind them and the new year begins, they’ll start the process in earnest.”

The desire to make the holidays happy may pale in comparison to the desire to get back at their spouse, adds Solotoff. In those cases, a person may opt to drop a divorce bombshell on their partner in December simply out of spite.

“There are some people who get a little bit of enjoyment out of ruining a person’s holiday,” he says. “I’ve seen that happen. Where people have said, ‘I want you to serve them right before Christmas.’ Sometimes that’s a case of them wanting the other person to know that they are hurting or that they have been hurt.” Thankfully, that kind of pettiness is rare.

For couples who are in a shaky marriage already, the holidays may prove to be the tipping point. They may already be feeling the strain of their marriage eroding, along with the distance and lack of connection, and the season becomes the final straw.

“Couples that aren’t solid in all the areas of their relationship find that the strain and pressure of the season is just more than they can bear,” says Tiffany Lovell-Stonehocker, a mental health expert and cognitive behavioral therapist. “Their patience with each other is gone, their ability to love, listen, and heal things is gone and they choose to give up.”

How The Holidays Lead To Divorce

In addition to problems that exist between partners, external factors like family members and disagreements with in-laws around the holidays add to the strain.

“The holidays are a good time for family disputes,” says Solotoff. “If there are already problems with each other’s family members, they could very easily blow up over the holidays and prove to be the final straw for some couples. There are expectations of spending time with your spouse’s family members and that can lead to disputes, especially in situations where the two partners already are having problems.”

Financial woes can also play a role in a January divorce, especially in marriages where the couple is not on the same page when it comes to money. Oftentimes, one partner or the other may overextend the family budget in order to give more to their children or other family members, which ultimately drives a wedge between the two partners.

“If the parents are focused on how big they can make things for their children, how much they give them, trying to check off every item on the child’s list in order to show bigger and grander offerings of love, it creates massive tension and stress between the parents and can lead to divorce,” says Lovell-Stonehocker.

How To Not Become Another Statistic

There are some couples who may not even be aware that there’s a problem or that their marriage may be on the chopping block. For them, the first indication that there is a problem may well be when they get served papers in January.

However, in these instances, it’s important to be observant. Even though you may be shocked when you suddenly get the papers, chances are the signs of trouble were there all along.

“If people aren’t talking, if they’re not having sex, if they’re fighting all the time, these are all warning signs,” says Solotoff. “People sometimes just get blindsided because they’ve gotten into this rut of unhappiness that they don’t know how to get out of, or they don’t even try to get out of.”

As with any time of year, the biggest key to keeping a marriage intact through the holidays is communication. Couples who can talk about their issues — family, finances, or anything else — stand a better chance of making it through to the New Year.

“If the budget was over-extended, it’s time to work together to recover it and heal it,” says Lovell-Stonehocker. “If there was family drama and one spouse felt rejected or betrayed or violated, it’s time to face it together, find the truths and set some boundaries for going forward. If there was silence between them because of stress and disagreements, it’s time to open up the communication channels and start healing together.”

Is January Really Divorce Month in Georgia?

January has been nicknamed Divorce Month by divorce and family law attorneys because so many relationships seem to fall apart with the new year, and family law attorneys see an uptick in calls every year. According to Google Trends, online searches for the phrase, ‘I want a divorce’ rose by over 230% in the first week of January 2021. But why is that? What is it about January that makes so many people decide it’s time to call it quits on their relationship? Is January really Divorce Month in Georgia?

New Year’s Resolution: Get A Divorce

Get a Divorce is #1 on many New Year Resolutions lists. The stress of the holidays makes some people realize that it’s just the final straw after so many other relationship problems. They realize that they aren’t happy and haven’t been for some time and now that things are back to normal, they just want to get out. Or people knew that they wanted to end their marriage before the holidays but decided to wait until after the holidays were over to make memories for the rest of the family and the kids.

• The stressful holidays can be the final blow to a marriage. It might be that you realized you are unhappy and that the stress actually resulted in the realization that you don’t want to stay in your marriage.
• Maybe you’re motivated that now is the time to move forward and start fresh.
• Some people file for divorce in January for financial and tax reasons, and they don’t want to file joint taxes anymore.

No matter the reason, statistics show that approximately 40-50% of all U.S. marriages will end in divorce. Georgia has one of the highest divorce rates compared to other states, and only 6 states have more divorces than The Peach State. In fact, marriage and divorce rates overall have been declining, and U.S. divorce rates declined even more since 2019 due to the Covid effect.

The Covid Effect
Covid had a negative impact on many marriages due to financial stress, parenting issues and the quarantines. Divorce courts were closed or backlogged for much of 2020 and 2021, which means divorce cases took longer to close, and many couples delayed filing for divorce due to the pandemic. In addition, many couples were forced to quarantine together and realized they don’t want to spend more time with that person in the future. Now that the court backlog is ending, we expect to see couples who delayed their divorce due to Covid filing for divorce in 2022.

The first Monday back at work after the holidays is often called Divorce Day because divorce lawyers receive so many calls. Is January really divorce month? The reality is March and August are actually the most popular months to file for divorce. If you are unhappy in your marriage and are considering divorce in Georgia, your next question is, What should I do next?

3 Things to Do Now if You’re Considering Divorce

What if you’re thinking about divorce for yourself? If you’re considering filing for divorce in January or any other month, you should take some steps to make sure you’re fully prepared.

1. Speak with a divorce or relationship specialist.
An outside expert opinion (not well-meaning family or friends) will help you evaluate what’s going on in your relationship and what’s leading you to want a divorce. Is it really a breakdown of the relationship or are you experiencing some backlash from the holidays and some stress as you head into the 3rd year of a global pandemic?

2. List out what you want to get from your divorce.
It’s important to think about your personal goals for the end of your marriage, including child custody, child support, division of assets, finances, timelines and more. This will help you be fully prepared for the process you are about to undertake and what you want to tell your lawyer.

3. Gather your financial documents.
Finances are a huge part of the divorce process and it’s essential that you understand what the financial situation is for you and your partner as a married couple and as divorced individuals. Gathering all of your documents including tax returns, pay stubs and debt such as loans, credit cards or mortgages will help your lawyer to create a path forward for the dissolution of your marriage.

Next Steps

If you’re thinking about divorce, no matter what time of year it is you need to discuss your situation with an experienced divorce and family law attorney who can help you get the outcome you’re looking for. It’s not just about a legal dissolution of your marriage — it’s also about protecting yourself and your family in the future, the division of everything that you own and making sure that you walk away from the relationship with what you deserve.

If you live in Gwinnett County or the surrounding areas, call Divorce and Family Law Attorney Sharon Jackson. As an experienced Family Law attorney, she protects your legal rights and your family’s future. Call Attorney Jackson today at (678) 436-3636 to schedule a consultation or book an online appointment.

Why January Is a Big Month for Divorce

For many Americans, the holidays are a time of reflection. The holiday season can inspire us to reflect on the past year while preparing to ring in the new one.

While the holidays can be a joyous season to share with friends and loved ones, they can also be a season of grief and loss. Many people find themselves struggling to cope during Christmastime, especially if it’s their first holiday season after divorce or the death of a loved one.

Like the holidays, divorce can be seasonal. In recent decades, the month of January has earned a bleak nickname: “Divorce Month.” In fact, some U.S. family law firms report a 25-30% increase in divorce filings during the first month of the year.

There are various speculations surrounding the reason behind Divorce Month. A leading theory argues that January’s predecessor, the holiday season, is largely to blame for the surge in divorce filings.

6 Ways the Holiday Season Affects Divorce

Consider the following 6 ways that the holiday season can influence divorce filings in the New Year:

1. The holidays are stressful. Seasonal obligations and financial stress can push someone to their breaking point and lead them to reevaluate their life choices.
2. The holidays are family-oriented. The holiday season has long been associated with spending quality time with family and loved ones. This may lead someone in an unhappy marriage to reflect on their own family ties. The opportunity to reconnect with and lean on loved ones for support can give an unhappy spouse the courage they needed to make big life changes like divorce.
3. The holidays are nostalgic. Christmas and New Year’s Day are common milestones that people use to reflect on their life and evaluate past experiences. This can lead someone to realize how much a marriage has regressed or remember how much happier they were in past seasons. Such epiphanies can encourage unfulfilled spouses to prioritize their needs by making a change.
4. The holidays can be used as a “mile marker.” Sometimes, the decision to end a marriage is predetermined. Many people choose to wait until the timing is “right,” especially if they have children or want to figure out their financial situation beforehand. For some, this might mean waiting until after the holidays to break the news to their spouse, family, or loved ones.
5. The New Year offers people a fresh start. Ringing in the New Year can also offer people a sense of finality and closure, leading them to make these changes during what they already perceive to be a natural transitionary period.
6. Couples are preparing for the next tax year. Timing a divorce at the beginning of the calendar year can help couples prepare for taxes ahead of time. It may increase the chances of a soon-to-be divorcee qualifying to file as head of household for the following tax year.

Deciding to File for Divorce: Next Steps

If you recently decided to divorce, it’s crucial to understand that the process is only beginning. Ending a marriage is a time-consuming endeavor that will take months at a minimum. It’s safe to assume that, on average, a Washington divorce will require approximately 1 year to complete, although this can vary based on the marriage.

Factors that may increase the wait time for divorce may include (but aren’t limited to):

• High-value assets. Couples with high-value property can expect their divorce to take longer, as it may expand the time required to complete property division and the distribution of assets.
• Children. Couples with children may wait longer so the court can reach final decisions regarding child custody, child support, and related details.
• Hostile relations. In the case of a contested divorce, a couple on hostile terms may take longer to obtain a divorce. Not only can emotions between unfriendly spouses run higher, but court battles can be frequent and more intense. This can make it more time-consuming to resolve disputes and reach agreements during the divorce proceedings.

It’s best to begin the divorce process as soon as possible if one wishes to limit the expected wait time. Consider the following steps to file for divorce in Washington State:

1. Seek legal counsel from a trusted divorce attorney. It’s imperative to retain the support of an experienced family lawyer, as they can guide your steps appropriately and fight to achieve the results you desire in court. They will also be your go-to legal resource for questions and concerns throughout the process.
2. Complete the required paperwork. Be sure to include all required evidence and documentation. Don’t leave any sections blank.
3. File your petition with your local court. Petitioners can expect to pay a filing fee that varies based on your geographic location.
4. Service process. The petitioner or other third party will need to serve the papers to the spouse to initiate the divorce proceedings. The petitioner and their lawyer will then wait for a response and prepare for the hearing.

Do January Divorces Take Longer?

It depends. The timeline for a divorce will be contingent on each couple’s unique circumstances. Some couples may face a longer wait time in the slower months, or vice versa. A couple’s geographical location and each spouse’s attorney of choice may also play a role in the anticipated wait time.

Generally, it makes sense to assume that more divorce filings can equate to longer wait times, but this may not be the case for everyone. On average, couples can expect divorces to take 6-12 months in Washington State. For an uncontested divorce, the average may be as little as 3 months.

Family Law Firm with 3+ Decades of Success

When it comes to prioritizing your family, McKinley Irvin is here to help you protect what matters most. Our family lawyers are among the best in the country, and our team of divorce attorneys is uniquely qualified to serve Washington families in a wide range of family law disputes, from child custody to domestic violence to gray divorce.

If you are ready to file for divorce, contact a Washington divorce attorney to take the first step toward a happier future. Call 206-397-0399 today or visit our website to request a consultation.

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