For many families, the holidays are a time of pause where difficult decisions are put on hold until routines return. It is no coincidence that January is the busiest month of the year for divorce filings. At Andersen Law PC, January is our busiest month for new divorce clients.
If you rush to prepare, you may find yourself overwhelmed, disorganized or unable to hire the divorce attorney of your choice. January is the time to move forward deliberately, with information, planning, and support in place.
If you are considering filing for divorce now that the holidays are over, here are 10 important steps to take as early as possible in the new year to protect yourself and your family.
1. Put the Kids First
Children should never be placed in the middle of a divorce. Even when emotions are high, it is essential to protect their relationship with both parents.
Focus on documenting your own strong parenting, developing a reasonable parenting schedule, and planning how children’s expenses will be handled. Prepared with the help of an attorney, a clear, written parenting plan will provide structure when disagreements arise during and after the divorce. If you and your spouse cannot agree on parenting, you may need to utilize professionals such as Child Family Investigators (CFI) or Parental Responsibilities Evaluators (PRE). It’s a good idea to look into them now.
2. Build Your Support Network
Divorce disrupts nearly every part of daily life. January is the time to identify the support systems you will rely on: friends, family, therapists, counselors, financial advisors and work support.
If paperwork, spreadsheets or technology are challenging for you, find someone who can help. If you have not been the primary parent, begin building additional involvement and line up assistance with child care and transportation in case you need it.
Emotional regulation is important throughout the divorce process. Written communication can become evidence in a divorce, so find healthy ways to manage stress before sending messages you may later regret.
3. Avoid Premature Announcements
Announcing your intention to file for divorce before you are prepared can limit your options. Threats, ultimatums or public declarations can escalate conflict and prompt the other party to take immediate financial and legal precautions.
Divorce is, in many ways, an adversarial process. Use January to gather information and prepare quietly. Once you are informed and organized, you should communicate your intentions clearly, calmly and deliberately to the other party.
4. Organize Your Financial Information
Once you share your intentions of divorce with your soon-to-be ex spouse, they, their attorney and a panel of experts will scrutinize every aspect of your finances: what you own, owe, earn, and spend, sometimes going back to the beginning of the relationship.
Begin gathering and organizing financial documentation now, including all information required for forms JDF 1125 and JDF 1104. You do not need to share it yet, but you should understand and organize it. This includes joint assets, debts and spending patterns.
If you do not already have your own personal laptop, this is the time to get one so your information is secure and easily accessible for you.
5. Create a Financial Plan
Divorce typically takes several months, and during that time you may be expected to maintain the status quo for household expenses you have typically paid.
January is the right time to determine whether you have access to bank accounts, credit and sufficient cash flow to support yourself, your children, your home, pets and legal counsel. Meet with your own financial advisor and accountant early.
If you want to buy the other person out of your home, consult a mortgage broker or lender to understand refinancing or pre-approval requirements. It’s ideal to get pre-approval for the loan you’ll need.
6. Protect Your Separate Property
Property owned before marriage, received as a gift or inheritance, or otherwise agreed to be separate is generally considered non-marital. Only the appreciation during the marriage is marital.
You will have the burden of proving property is separate, and the longer ago it was acquired, the harder that can be. January is the time to begin tracing and documenting these assets. Be alert to situations where your spouse may try to use your separate property to pay their separate debts.
7. Make a Plan for the House
If you own a home, it will likely be one of the most significant issues in your divorce.
If selling is an option, begin researching real estate agents and considering your next living situation. If you and your spouse agree on selling and the agent, it can simplify the divorce significantly.
If one spouse plans to buy out the other, consult a mortgage broker early, as noted above. While higher interest rates can feel limiting, there may be options including delayed refinancing or creative settlement terms that allow both parties to move forward.
8. Establish Your Own Credit
Run a credit report on yourself to understand your current position. January is the time to think through how you will finance both the divorce process and your life afterward.
Cash flow is often one of the most challenging aspects of divorce. Avoid unnecessary spending and ensure you have access to accounts, credit or other resources to get through the transition.
9. Think Through Timing
There is no perfect time to divorce. Even with careful preparation, some aspects will be difficult.
Preparation does not eliminate hardship, but it does give you clarity and control. If you feel stuck, it may be fear or it may be a sign that you need more preparation. Only you can determine when the time is right.
10. Schedule a Free Consultation Early
January is one of the busiest times of year for divorce attorneys. A free consultation can help you understand what preparation is needed and whether filing now makes sense. Securing that consultation early in the year helps ensure the right attorney is available when you are ready to move forward.
To schedule your free consultation with an Andersen Law PC attorney, call 720-922-3880.
In Summary
January is the busiest time of year for divorce filings. Learn the 10 most important steps to take immediately after the holidays to prepare for divorce, protect your children, organize finances, and plan your next steps before filing.
Frequently Asked Questions
Why is January the most common time to file for divorce?
Many people delay major decisions until after the holidays. Once routines resume in January, unresolved issues often come to the forefront, making it the most common time of year to file.
Should I talk to my spouse before preparing financially?
It is generally best to gather and understand your financial information before announcing your intention to file. Premature discussions can escalate conflict and limit your options.
Do I need a parenting plan before filing for divorce?
Having a proposed parenting plan helps clarify expectations and provides structure if disagreements arise. An attorney can help formalize the plan appropriately.
What financial documents should I gather before filing?
You should organize all information required for financial disclosures, including assets, debts, income and expenses, even if you are not ready to file yet.
When should I speak with a divorce attorney?
Ideally, you should schedule a consultation before or early in January. Waiting too long may limit attorney availability during the busiest time of year.
