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Family Law Blog 2015 November Why Divorces Surge in January
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Why Divorces Surge in January

Posted By Claery & Green, LLP || 6-Nov-2015

Now that the holidays are rapidly approaching, we're also heading into the busy divorce season. Just ask any divorce attorney, and they'll tell you about the surge in divorce filings on the first Monday of the year, which will be January 4, 2016 this time around.

That surge continues to roll for the rest of the month.

The holidays are like the "calm before the storm" for most divorce lawyers. The flurry of divorce filings happens on what's been coined as "Divorce Monday." In January, divorce law firms see a major increase in people seeking divorce advice, and ultimately filing.

Why is January such a popular month for divorce? One main reason is that unhappy couples are reluctant to break the news during holidays, such as Thanksgiving, Hanukkah, Christmas and New Year's. It doesn't sit well with many people to file for divorce on Christmas Eve.

People also wait until January due to the court's limited schedule during Thanksgiving and New Year's. People think, "Why file now when there's only three weeks of court time available?" You don't want to file and find out that you're unable to go to court.

Families Choosing to Separate After the Holidays

Many unhappy couples choose to separate after they have one last Christmas or New Year's with the family. The holidays are a time for big family gatherings, travel, and they're a hugely exciting time for the kids.

Parents convince themselves that it's fair to give their kids one more holiday season with the family together.

Still, there are spouses who want their divorce wrapped up before Dec. 31. Those who are in the middle of a divorce in November and December want it finalized by year-end. This way they can file their 2015 taxes as a single person.

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