Do divorce rates really go up in January?

On Behalf of | Dec 1, 2025 | Divorce

Some people call January “Divorce Month.” Typically, there tends to be a slight spike in divorce cases at the start of the new year. There is usually a decline in these cases throughout the fall, such as in November and December, followed by the rise in January.

Why does this happen? What is it about January that makes it more likely that a spouse will file for divorce?

A fresh start

In some cases, it is just because of the new year itself. People often make big changes at the start of a new year — perhaps making resolutions or really thinking about how the coming year can be better than the past. If someone is unhappy with their marriage, this may be the catalyst for them to finally file for divorce.

Avoiding the holiday season

An even more common reason is that people do not want to get divorced in November or December, and they simply put it off. It is the holiday season, so everything is very busy and the children have an extended break from school. Parents often feel that this is not the ideal time to start talking about divorce, especially if they have small children and they want the holidays to be a time of fun and excitement.

Therefore, the surge of divorce cases in January is not necessarily because more people want to get divorced in January itself. It is just that the couples who wanted to divorce in the previous months may intentionally put it off until the start of the new year, when the children go back to school, the holidays come to an end and they can finally focus on the future of their own relationship.

If you and your spouse do decide to get divorced next year, it can be a complicated legal process to split up custody rights and marital property. Make sure you are well aware of your legal rights and the steps you will need to take at this time. It’s wise to get experienced legal guidance as early as possible.

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