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Should you wait until January to get divorced?

On behalf of Harper, Evans, Hilbrenner & Netemeyer

Dec 12, 2013

Couples decide to get divorced every month of the year, but did you know that January is the most popular month to file for divorce in the United States? January sees the most divorce filings compared to any other month. 


There are several reasons why January is a popular month to file for divorce. Many spouses considering divorce decide to finally go through with it as part of a New Year’s resolution. Other spouses start divorce proceedings at the beginning of a new year due to financial and tax considerations. Another reason is that spouses with children often wait until after the holidays are over. 


There are many reasons why couples wait until January to file for divorce. Regardless of the reasons, there are some considerations to make before deciding to file for divorce. Below is a list of some of the factors to consider before filing for divorce in Missouri: 


  • Tax implications of divorce: waiting until January won’t screw up your tax filings for the previous year and it can give you more time to plan for next year’s tax filing, which may be more complicated depending on when the divorce is finalized. 
  • Financial issues: some spouses earn a hefty bonus check at the end of the year. Filing for divorce before the year is over may result in only one spouse being able to claim that bonus check as an asset. Individuals should also consider any other income or assets they may be receiving at the end of the year.
  • Impact on family and friends: waiting until after the holidays can make the holiday easier. While you know the marriage is over, not having to discuss or explain to others what happened during the holidays may be easier for everyone.


Spouses thinking about getting divorced should think about these factors before deciding when to file for divorce.


Source: The Huffington Post, “Three Reasons Why January May Be the Best Time to File for Divorce,” Bari Zell Weinberger, Dec. 11, 2013

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