January continues to have most divorce filings

On behalf of The Walters Law Group, Ltd. posted in Divorce on Saturday, January 12, 2013.

The divorce rate has remained steady in the U.S. However, one month tends to see more divorce filings than any other month out of the year: January.

January has been referred to as “divorce month” due to the number of divorce filings that occur every year during this month. Why are more divorces filed in January compared to any other month?

Many divorce attorneys say that couples wait to file for divorce until after the holidays are over. Many couples see January as a good time to file for divorce as the New Year represents a new beginning for many. Some couples also file for divorce in January because they want to wait for income tax returns.

While there are several reasons January sees more divorce filings, there are some advantages of filing for divorce in January. One advantage is the impact on a couple’s tax filing status. A person’s marital status on December 31 determines if taxes are filed jointly or not, so many couples would benefit from being able to file for taxes jointly for one more year.

Many couples who have children often wait to file for divorce in January. This is mainly because they want to be able to celebrate the holidays together and not disrupt any traditions. Waiting until after the holidays are over can make it easier for children to get used to their parents being apart before they celebrate the holidays in a different family setting.

Filing for divorce can be a very complicated and emotional issue. Spouses thinking about filing for divorce would benefit from consulting a family law attorney to discuss specific considerations they should make and what the next steps would be when filing divorce.

Source: WCTV, “Divorce Coach: January Has More Divorces Than Any Other Month,” Garin Flowers, Jan. 4, 2013