Why Is January Called Divorce Month?
Is there an increase in divorces in January in the United States?
According to some of the things you might see online, the new year brings with it a drastic increase in divorce across the United States.
There are many speculative reasons given for this alleged spike in divorce filings, including the stress of the holiday season and, relatedly, couples just wanting to get through the holidays before filing. There are also very practical reasons, such as filing for divorce in January to simplify tax filings for the prior year.
And with the “New Year/New Me!” spirit that many do their best to carry into the month of January, it only makes sense that if any month would earn the “Divorce Month” designation, it would be January, right? Well, maybe not.
So, the question remains, is January really significantly different from other months when it comes to divorce? The answer is no, not really. While Google Trends do show an uptick in search for the term “divorce” throughout the month of December (which may be for the very same reasons described above), recent studies actually point to the months of March and August as being peak months for divorce filings. So why has January earned this reputation?
One reason might be that many businesses, including many law firms, tend to see things slow down a bit in the months of November and December, and when people get back to regular life, so to speak, the perceived increase in requests for divorce-related counsel has contributed to a narrative that January is “divorce month.”
But here’s the reality:
A person’s decision to pursue divorce typically comes after much deliberation, or because they’ve suddenly experienced an event or incident that they know they can’t come back from. There’s not necessarily a seasonality to divorce, and each individual must do what is best for them and for their children when making such a life-changing decision.
Here’s what people in the greater Portland area need to know about how they can pursue a divorce:
You do not need a legal reason to file for divorce. Once upon a time, a person needed to prove infidelity or a host of other reasons to the court in order to secure their divorce. Oregon, like all states in the U.S., is a no-fault state, meaning that the person petitioning for divorce simply needs to cite “irreconcilable differences.”
You are not required to have a lawyer to get divorced (but they sure can help)! The general rule of thumb is that “the simpler the relationship, the simpler the divorce,” but this level of simplicity can be pretty rare. If this does describe the nature of your relationship, Oregon offers self-prepared divorce documents that can be obtained either at the courthouse of the county you live in, or on the county court’s website. However, just because you think you can do your divorce on your own, you might not know how to complete those forms in a way that satisfies the court’s filing requirements (which is one reason having legal counsel is typically to your benefit). If you own property, have assets, have debt, and especially if you have children, your divorce is going to be more complex, and the court’s forms more confusing. If you want to ensure that you’re doing what’s best for your child and that you’re receiving an equitable division of assets and debts, then you should seriously consider securing legal counsel to assist you in the divorce process.
If you do proceed to file for divorce without legal counsel, please know this: There are several documents you will need to file with the court. There are fees associated with the filing of these forms. Included in those forms is a “petition for dissolution of marriage,” which will not only need to be filed with the court, but also be served on your spouse to notify them of your intent to divorce. Your legal counsel will generally assist you in serving your spouse with this form, but if you’re going the DIY route, there are instructions included in the court’s forms to help you execute this process, and many courthouses in our state have family court facilitators available to offer help and guidance. Your spouse has 30 days to respond to your petition. If your petition is uncontested, the court may grant you your divorce if it considers the requests in your petition reasonable. However, if your spouse contests your terms, then your legal journey continues. Remember, experienced family lawyers can help you navigate this situation more efficiently than you likely can on your own. The time, energy, and ability to move on with your life sooner is almost always worth the investment of legal counsel.
If your relationship includes property and assets that must be unraveled, and if you have children, then it’s important to know this: The most important outcome in the eyes of the court is to do what is best for your children, and to come to an equitable resolution when it comes to your assets. Note that equitable and equal are not the same thing. In order to try to avoid the stress and high emotions associated with this part of the divorce process, the court requires parties to attend mediation in any case involving children, and some counties require mediation for asset division, too. Mediation is designed to help you come to an equitable resolution, and mediation sessions are moderated by an objective third party who is trained to help you come to agreements on custody, parenting time, and (in some counties) property division.
Are you considering divorce? Do you need assistance in understanding your options, and direction in how you can make the best decisions for your children and for yourself?
DBMA Family Law can help you!
DBMA is committed to attentive service, intelligent practice, and productive resolutions.
Contact us today for your confidential consultation.