Why January Is Called "Divorce Month" (And How to Prepare) | 2026 Guide

Made it through another holiday season thinking “I can’t do this one more year”? You’re not alone.

Divorce attorneys see a 33% increase in January.

January has a hidden nickname in the legal world: Divorce Month.

Why January Is Called “Divorce Month”

Made it through another holiday season thinking “I can’t do this one more year”? You’re not alone.January has a hidden nickname in the legal world: Divorce Month.

Family law attorneys brace for a surge of calls starting the first week of January. Divorce-related Google searches skyrocket. And by March, divorce filings hit their annual peak.

But is January really when most people divorce?

Family law attorneys brace for a surge of calls starting the first week of January. And by March, divorce filings hit their annual peak. But is January really when most people divorce? And if you’re finally ready to move forward after surviving one last holiday season—what should you actually do next?

Let’s break down what the data shows, why this pattern exists, and how to prepare if you’re ready to take the first step.

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What the Data Actually Shows

The term “divorce month” isn’t just something attorneys made up—there’s real research behind it.

A 2016 University of Washington study analyzed divorce filings across the state from 2001 to 2015 and found a consistent pattern: filings spiked in March and August, right after winter and summer holidays.

The March spike? A 33% increase compared to other months.

And this pattern held true even during economic recessions and across states with completely different demographics—Ohio, Minnesota, Florida, Arizona. Different laws, different populations, same pattern.

But here’s what’s interesting: January sees a surge in divorce inquiries and consultations, but the actual peak in filings doesn’t hit until March.

Why the delay?

Because divorce takes time. You need to get your finances in order, find an attorney or mediator, gather documents, summon the emotional courage to file, and figure out your parenting plan (if you have kids).

In 2019, celebrity divorce attorney Laura Wasser (who’s represented everyone from Angelina Jolie to Johnny Depp) told USA Today “It is absolutely true that the first month of the year, and in particular the first half of it, is the highest for either new clients or divorce filings. Definitely that first week back after the holidays is always very busy.”

I actually had a great conversation with Liz Pharo, Laura Wasser’s partner at Divorce.com, about when online divorce services make sense and when they don’t. You can read that here: Is an Online Divorce Service Right for You?

Why Divorces Spike After the Holidays

In the University of Washington study, sociology professor Julie Brines, who led that divorce study, stated that she believes divorce filings follow what she calls a “domestic ritual” calendar.

Winter and summer holidays are culturally sacred times for families. Filing for divorce during the holidays feels inappropriate, even taboo.

So here’s what happens:

1. You Don’t Want to Ruin the Holidays

   
   

   A lot of people have already decided they want a divorce but wait until after Thanksgiving, Christmas, and New Year’s to take action.

   They want to give their kids one last normal holiday. They don’t want to be the person who ruined everyone’s Christmas.

   
   

   So they grit their teeth, make it through, and then hit the ground running in January.

   
   

2. The Holidays Expose What’s Not Working

   
   

   For others, it’s not that they’ve already decided—it’s that the holidays make everything crystal clear.

   
   

   After managing all the emotional labor of gift shopping, meal planning, family coordination, decorating, keeping everything together—the reality hits: “I can’t do this anymore.”

   
   

   When the decorations come down and life returns to normal, the dissatisfaction doesn’t go away.

   
   

3. The “Optimism Cycle” Fails

   
   

   Some couples go into the holidays hoping things will be different. Maybe this year will be better. Maybe if we just get through the holidays together, things will improve.

   
   

   But when that optimism doesn’t pan out, the disappointment becomes the breaking point.

Financial Planning and Fresh Starts

January is also prime time for financial planning. The new year brings a clean tax slate (calendar years align with tax years), year-end bonuses get distributed, and people naturally assess their financial reality.

People view January as a fresh start—and that includes finally ending an unhappy marriage.

RELATED: Empowering Divorce Preparation and Financial Planning

But March Is When Filings Actually Peak

What most people don’t realize is while January sees the most inquiries and consultations, March is when actual divorce filings peak.

Why?

Because people spend January and February meeting with attorneys, organizing financial documents, opening their own bank accounts, making custody plans, building up their courage, getting emotionally prepared.

The divorce process takes time, even when you’ve already made the decision.

Some couples with kids wait to file before the new school year begins in fall (which explains the August spike). But those preparing in winter often aren’t ready to officially file until a couple months later.

January should really be called "Divorce Prep Month."

The Other Divorce Peak: Late Summer

The University of Washington study found a second annual spike: August, with a 30% increase. I see this pattern in my practice too. I alway get a surge of clients toward the end of summer, another big time families see a calendard shift - back to school.

This follows summer vacation—another culturally significant family time when couples try to make it work “for one more trip” or “until the kids go back to school.”

After spending concentrated time together during summer break, couples either reconnect or realize they’re done.

Rather than disrupting summer holiday plans, many parents wait until late summer to file so the divorce process begins as kids settle into school.

What This Means If You’re Considering Divorce

If you made it through another holiday season and you’re sitting here in late December or early January thinking, “I can’t do this again next year”—here’s what you need to know.

You’re Not Alone

The pattern is real. Thousands of people across the country are having the exact same realization right now.

It's Official: January Is About Preparation, Not Filing

Think of this time as your prep season. Start gathering information, schedule consultations with attorneys or mediators, get your financial documents organized, figure out what you actually want.

The people who file in March spent January and February getting prepared. That preparation is what lets them move forward confidently.

Preparation Saves You Time, Money, and Stress

I strategically build this into my coaching program for clients, prepare BEFORE booking attorney consulations so you become your own best advocate from the jump.

When you show up to an attorney consultation with your documents organized, your assets catalogued, and your financial picture clear, you save thousands in billable hours. You get better advice because the attorney can focus on strategy instead of basic fact-gathering. You make smarter decisions because you’re negotiating from knowledge, not fear. And you stay in control of the timeline instead of scrambling to catch up.

RELATED: Where to Start When Preparing for Divorce: Essential First Steps Guide

How to Prepare If You’re Ready to Move Forward

If you’re done waiting and you want to start preparing now, here’s exactly what to do.

Gather Your Financial Documents

You’ll need these no matter what, so start collecting them now:

Tax returns (last 5 years), bank statements (all accounts, last 12 months), credit card statements (last 12 months), retirement account statements (401k, IRA, pension), investment accounts, mortgage statements and property deeds, car titles and loan statements, pay stubs (last 6 months), life insurance policies, business financial statements if applicable.

RELATED: 10 Steps To Take If You’re Discreetly Preparing For A Divorce

Create a Clear Financial Picture

Fill out a net worth statement so you understand what you own (assets), what you owe (liabilities), your household income and expenses, and what your post-divorce budget might look like.

This isn’t about perfection. It’s about awareness. You need to know your financial reality before you can negotiate for your future.

Start Building Your Professional Team

Even if you’re not ready to file, start researching family law attorneys in your area, divorce mediators (Spoiler alert: most situations are prime mediation candidates, even in high conflict situations), Certified Divorce Financial Analysts (CDFAs), coaches (Hello, that's me!) and therapists who specialize in divorce.

A lot of them offer free consultations. Here's a link to book a free 15 minute strategy call with me. We'll talk about where you are in the process and what next steps could be.

Come prepared with your questions written down so you make the most of your time. Download my free guide: 24 Questions To Ask A Divorce Attorney Or Mediator

Get Clear on Your Divorce Goals

What matters most to you? Custody arrangements? Keeping the house? Protecting your retirement? Getting through this as quickly as possible? Keeping costs down?

When you’re clear on your priorities, you can advocate for what actually matters instead of getting caught up in fights about things that don’t.

Separate the Emotional Side from the Business Side

Divorce is two things at once: an emotional ending to a relationship and a business dissolution of shared assets, debts, and co-parenting responsibilities if you have kids.

You need support for both sides.

A therapist helps you process the grief, anger, fear, and loss. An attorney handles the legal process. A CDFA helps you understand the financial implications and settlement option based on your assets and debts. And a divorce prep coach walks you through what needs to get done so you are clear on your goals and priorities, have resources to support you on your divorce journey, and help you financial plan for the changes coming your way so you tame you finacial fears.

Don’t expect one professional to do it all. YOU have to be an active participant in the process.

RELATED: The Emotional Side of Divorce: Learning to Surrender During Hard Times

Is January the “Right Time” to File?

Here’s the reality: there’s no perfect time to file for divorce.

What matters is that you’re certain this relationship won’t work, that you’re prepared for the process ahead, and that you have the support you need.

If you’ve been thinking about divorce for months or years, if you made it through the holidays feeling more disconnected than ever, if you know in your gut that you can’t do this anymore—then January isn’t about some arbitrary deadline.

It’s about finally honoring what you’ve known for a while.

And if you need a few more months to get prepared? That’s okay too. The people who file in March didn’t wake up on March 1st and decide to divorce. They spent the previous two months preparing.

Give yourself permission to take the time you need.

Sources:

• University of Washington Study (2016): “Seasonal Variation in Divorce Filings” - Julie Brines and Brian Serafini, American Sociological Association

• Laura Wasser interview, USA Today (2019)

• Newsweek: “Here’s Why January Is the Most Popular Month for Divorce” (2024)

• NPR: “Divorces tend to spike in early spring and late summer. Here’s why” (2025)

• FindLaw Divorce Filing Analysis (2011)