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In the family law industry, January is known as Divorce Month.
Why January? Theories abound. Amidst the chaos of the holidays, marital discord increases. A new year is a time of life change. It is also the moment when a hurt spouse decides to leave his partner.
But is January really the peak month for divorce?
After all, there isn’t much solid research on monthly trends in divorce filings. A Google search yields many results pointing to one study published in 2016 by researchers at the University of Washington.
A study of 15 years of divorce filings in Washington state found not one, but two distinct peaks in court activity. And there wasn’t even January.
There is a peak period of 2 months for divorce. It’s not even January.
When is the most important time for divorce? March and August. The Washington study found that claims rose sharply in the first three months of the year, slowed in the summer, then spiked again in late summer, before falling sharply in the final months.
The study has since been updated to include data through 2018 for five states. Our findings remain unchanged.
“What we’re finding in all five states is this very distinctive pattern,” said Julie Brines, an associate professor of sociology at the University of Washington.
The researchers devised a theory to explain their findings, based on an annual calendar of vacations and holidays.
They reasoned that few couples would choose to file for divorce between Thanksgiving and New Year’s. It’s the peak of the holiday season, a time when families come together instead of being separated.
Summer vacation is generally considered downtime. It will make your work easier. Family trip.
So, why is January designated as “divorce month”?
If divorces peak in March and August, why do divorce lawyers consider January the divorce month?
The answer may have to do with how you define divorce. Lawyers say that while actual court filings may peak in March, divorce lawyers are extremely busy in January.
“In January, we saw a 20 to 40 percent increase in calls from people wanting to start learning about the process,” said Kimberly Miller, a family law attorney in Minnesota. “If people are contacting us in January, we may see a lot of applications in March.”
Other family law attorneys report a spike in divorce consultations after the holidays.
“People are waiting until after the holidays to file for divorce because no one wants to ruin Christmas,” said Kristen Shearin, president of the Divorce Financial Analysts Association. “And you’re probably faced with a New Year’s resolution: ‘New year, new you.’ ‘How do you want to spend your New Year?’
In her practice, Shearin has noticed a spike in divorce consultations after the Super Bowl. This year’s big game is scheduled for February 8th.
“I can’t tell you why,” she said.
Consistent with the University of Washington’s findings, family lawyers believe there will be a lot of activity in February and March.
“The actual application will probably be filed in March, but the process started in January,” Shearin said. She suggests that it might be more appropriate to think of the first three months of the year as the “divorce quarter.”
Why do so many couples file for divorce in August?
The second peak in divorce filings is in August, and divorce lawyers see that month as similar to January.
January marks the end of winter vacation and the beginning of a new calendar year. August marks the end of summer vacation and the beginning of a new school year.
For couples with school-age children, August may be the best month to begin a divorce. After summer vacation ends, both partners may want to break up before classes start.
“There are certainly a lot of people who want to start planning their parenting plans before the school year starts,” Miller said.
The peak in August may also reflect the increasing trend of gray divorces in the family law industry.
Federal data shows the divorce rate for Americans 55 and older has doubled since 1990, but the divorce rate for younger couples has declined.
“Many people don’t get divorced until their children graduate from high school,” said Dominic Ciullo, a matrimonial and family law attorney at Brinkley Morgan in South Florida. The August divorce will take place just as the children are heading off to university.
Are you considering divorce? Here are some financial tips.
If you’re considering divorce, family law experts say you should do your homework before filing. Here are some tips.
Consult a financial advisor
Divorce “requires a lot of thought and advance planning,” Shearin says. Certified Divorce Financial Analysts specialize in helping people navigate the financial circumstances associated with marital separation.
Shearin said financial analysts are cheaper than lawyers and can help gather the data needed for a divorce.
File your taxes
If you and your partner are on good terms, you could both potentially save money by filing a joint tax return now rather than filing separately after the split, says Shearin.
The tax return itself is a valuable document in the divorce process. “Tax returns contain great information,” she said.
Plan your post-divorce budget
Living expenses may be required after divorce.
“Two households are more expensive than one,” said Jacqueline Combs, a partner in marriage and family law at Blank Rome in Los Angeles.
Before filing, make sure you know what your income and expenses will be after the breakup, she said.
“It’s four things,” Miller said. “It’s what you have, what you owe, what you spend, and what you earn.”
Mr. Miller offers an educational website called PartWise that explains the finances of divorce.
take inventory of your savings
You may feel guilty about opening a savings account that could theoretically survive your divorce.
But everyone needs savings, especially those starting over.
“It’s a great idea to set aside some money just for yourself,” Miller says.
