Providing Divorce Mediation Services Throughout California
Providing Divorce Mediation Services Throughout California
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While some people call January “divorce month,” there isn’t a national or state statement designating January as the most advantageous (or disadvantageous) month to get divorced.
In California, timing will depend on you, your money, your family’s needs, your goals, and your situation.
After the holiday season of Thanksgiving, Hanukkah, and Christmas, many couples are hesitant to begin their separation process until they have had time to emotionally recharge, organize their finances, or provide greater stability for their children.
Regardless, if you choose to begin your divorce in the month of January, Families First Mediation can provide the guidance you need to reach a positive conclusion. Schedule a free consultation call to know the best path for your situation.
January has become widely known as “Divorce Month”; however, there is no statistical data to support the claim that January is the month when divorces are most common.
A University of Washington study (2001-2015) examined all divorce filings during that period and found an even split each year, with the highest filings in March & August, after holiday periods, including winter and summer holidays.
Divorce filings began to increase in January; therefore, while it’s significant, it isn’t the only month. There were fewer divorce filings in December. Therefore, the overall trend appears to be from December to March, then increases again in July & August.
These findings are specific to Washington State; therefore, they should not be referenced as California law or as national trends. Wedding months can also influence family planning & decision-making; however, this research indicates that seasonal influences have a greater impact.
Couples who are planning to split may see December 2026 and January 2027 as natural times to separate.
However, the holidays of Thanksgiving, Hanukkah, and Christmas can encourage couples to put it off in order to keep their family traditions intact and limit disruption to their lives.
Regardless, in California, couples’ delays in divorcing should be based on individual, financial, and family situations, not the calendar.
Couples may be unwilling to file for divorce during the holiday season, regardless of their marriage’s health, with or without children.
For some, the desire to have additional time to consider whether reconciliation is possible motivates them to wait.
For others, there is simply too much obligation during the holidays (e.g., visiting extended family) and/or it is not financially feasible to begin the legal divorce process.
Some spouses have genuine hopes that their marriages could possibly improve in the New Year after the holiday season.
January offers an opportunity to take stock of the marriage, express expectations for one another, and assess whether reconciliation is realistically attainable before pursuing a divorce.
The months of November through December bring many holiday-related events, such as Thanksgiving, Hanukkah, Christmas, travel, and family expectations.
Many couples choose to delay separating in order to avoid disrupting family celebrations or to explain significant life changes to extended family members during what would otherwise be a difficult emotional time.
Year-end statements, account balances, debts, property records, and household expenses provide both spouses with a clear understanding of their financial situation.
Many couples use December to organize all necessary Documents (including financial ones) before discussing how the couple’s Assets will be divided, how much Spousal Support each party may receive, and how they will arrive at a Potential Divorce Settlement.
Under California law, a divorce case cannot be finalized for at least six months from the date of service of the summons. For more on divorce finalization in California read our guide.
Additionally, the IRS considers a couple married unless either party has filed a petition for divorce or annulment by December 31st of the same year.
The longer you wait, the more time your spouse has to get all of the information needed to complete the divorce.
This includes financial records, identification of property and debt, etc., so that when the two of you do sit down and go over everything, it will be easier for both of you to focus.
Holidays are always emotionally stressful. Giving yourself some time before deciding what you want to do about your marriage (reconciliation, legal separation, or divorce) could help prevent impulsive decisions driven by emotion during the holidays with family.
Many parents want to avoid disrupting their children’s routines around school holidays, family traditions, and other family gathering times.
Allowing yourself extra time to plan for the children (and possibly to notify them of upcoming changes) would also help you maintain many family traditions while avoiding unnecessary disruption.
January is a good month to review last year’s finances and begin planning for this year. Delaying a divorce doesn’t mean there will be tax savings either. Whether filing at one time produces greater savings than filing separately depends on the specifics of each case.
The stress of being in a bad relationship during the holiday season could escalate as you experience family gathering pressures, financial burdens, and the expectation that you and your partner must present yourselves as happy.
Waiting to discuss household spending, paying off debt, selling or dividing property, and supporting each other financially (if applicable) until after the first of the year may harm both spouses.
There is no guarantee that staying with your partner just for the holidays will provide stability for your children, as it may expose them to ongoing conflict.
Consider what would benefit your child and strive to maintain consistent routines, communicate respectfully, and provide appropriate support.
It is possible that filing for divorce in January will result in a much longer time frame before you complete your case.
In addition to the California six-month wait, you will need to complete financial disclosure and enter into agreements regarding assets, debts, and spousal support.
Regardless of whether you initiate your divorce process in January 2026, December, July, or August, planning for your divorce will give you direction when it comes time to begin.
Families First Mediation Law Blog and FAQ’s helpful guidance, as well as a free consultation with an experienced divorce mediator (Dina Haddad) about what options suit your situation best.
Begin your planning process today. Schedule a free consultation call with Families First Mediation.
Families First Mediation (FFM) offers a simpler approach to resolving California family law issues through mediation and settlement focused on helping families move forward.
Our services include assistance with child custody, spousal support, and child support, Pre- or Post-Nuptial Agreements, Legal Separation, and divorce and asset divorce mediation.
Additionally, FFM will assist with drafting agreements, preparing and finalizing a Marriage Settlement Agreement (MSA), and submitting the Judgment to the Court Clerk for filing.
Divorce mediation in California allows couples to work through their marital disputes concerning property rights, spousal support, and parental responsibilities together as a team.
The structure of starting in January could give couples an opportunity to translate holiday-season decisions into agreements with some legal force and effect.
Mediation is a less adversarial way to reach your own agreement than going to trial. It is generally more appropriate when both parties want to mediate. Mediation is not recommended when there is abuse or a severe power dynamic.
January is often referred to as “Divorce Month” based on historical data, but current research indicates that divorce filings increase significantly in March and August, as well as in January.
Many of us are tired of the holiday season by January. We have spent months under the pressure to meet family obligations, fulfill expectations, and reflect on our romantic partners.
Many couples will delay filing for separation or divorce, often waiting until the post-holiday celebration (Christmas or New Year) has passed.
Yes, some say January is a breakup month, as many individuals take time at the end of the year and into the beginning of the year to assess their current relationships and consider whether to continue them or move on.
