New Year, New Beginnings: Filing for Divorce in 2025

January is often referred to as “divorce” month. For some, the start of a new year or a resolution may be to exit an unhappy marriage. Statistics have shown that the number of divorce filings in the month of January is higher than any other month during the year. So, if you find yourself or someone you know considering a divorce this month, here are a few considerations and questions they should be prepared to ask and answer.

For starters, when to begin the divorce process is a personal decision. There is no time of year that is “best” from the law’s perspective. Starting a new year with the divorce process may be beneficial for some in that you can reference and use the prior year’s income information. Even if you do not have access to that information, it is generally more readily available and easier to obtain with an imposing tax filing deadline. Also, if selling a marital home is part of your uncoupling, January gives enough time to prepare for the spring market – this is beneficial for both buyers and sellers.

I often get asked how timing will impact settlement. I wish I had a crystal ball to answer this one! For every family in transition, the timing of settlement cannot be predicted by one or two factors. Rather, it is often a combination of factors that leads you there. For example, how amicable are the spouses? Do both spouses have equal access to the families’ finances? Are there issues of domestic violence? Will custody or parenting time be disputed, and if so, will experts be necessary? While one spouse may be highly motivated to resolve a divorce, the other may be reeling from the news or processing their emotions. So, do not despair or become frustrated if you feel like your divorce is taking longer than you want. Reaching resolution in a highly personal and emotional area of the law cannot be predicted on a timeline. So long as everyone is acting in good faith and efforts are being made, you will get to the end.

In this vein, you can avoid frustration and disappointment if you consider the following before the process even starts: Be honest with yourself about why you are ending the marriage and how your spouse will react to this news. If you have a difficult spouse during marriage, it is unrealistic to expect him/her to suddenly become reasonable during a divorce. Find the right representation. A referral may be helpful, but do your homework and interview at least two attorneys or mediators before you make a decision. No two divorces are alike, and you want to make sure you are comfortable with your representation from the start. Be prepared: keep your costs down and help your team by gathering and organizing as much information as possible. Providing your team with information in an organized, coherent fashion makes their job much easier, which means less costly for you. Stay on top of their requests and make sure you are available and responsive to them. Lastly, avoid using your friends and family as your legal and/or mental health counsel. No doubt, they are well-intended; however, no matter how many divorces they may have been through, they still do not have the training and experience to serve in either of these capacities.