As a family law attorney with more than 20 years of experience, I hear this question every year. While January is often called “divorce month” because filings spike after the holidays, that increase has more to do with how people handle the season than any legal advantage.
The truth is, there isn’t a one-size-fits-all answer. The best timing depends on your safety, your children’s stability, and the tone you want to set for the process ahead.
Why Some Families Choose To Wait Until After the Holidays
For many families, the biggest reason to wait is to provide stability for children. Holiday traditions, school breaks, and extended family gatherings create a natural rhythm that kids rely on. Even small disruptions to routine, let alone a major change like divorce, can feel particularly amplified this time of year.
Waiting can also help reduce conflict at a time when emotions tend to run high. Filing during the holidays can sometimes set a combative tone that carries into the new year. If your goal is to pursue mediation or a more cooperative divorce process, waiting until January can give everyone a clearer head and more room for goodwill.
There’s also the practical matter of schedules. Many people find that once the new year begins, they have more time and mental capacity to consider what they want and choose the best way forward.
Finally, waiting can buy you some time to prepare. The weeks leading up to the holidays rarely allow for thoughtful planning—whether that’s gathering documents, considering living arrangements, or consulting a family law attorney. Taking December to focus on your children, your own well-being, and your support system can make January’s next steps feel far more manageable..
Why Waiting Doesn’t Work for Everyone
While waiting can provide some breathing room, it isn’t the right choice for everyone
Divorce is already a slow process, and delaying until January means filing during the busiest period of the year. This may add months to the process, especially if the courts are handling a typical post-holiday surge.
Keep in mind that a divorce case doesn’t start until the court officially receives your filing. After that, your spouse usually has 30 days to respond after receiving the filing. If you wait until after the holidays to file, the early steps of your case can be pushed into spring. That delay might be difficult for families who need a faster resolution.
It’s also worth remembering that the holidays don’t change the legal process itself. Courts don’t hit a reset button in January, and there’s no legal advantage to waiting simply because the season feels symbolic. The calendar matters far less than some may assume—especially for families without children, or for those who don’t have a tradition-filled December.
Most importantly, waiting is never the right choice if your home isn’t safe. Abuse, volatility, or financial control issues always take priority over appearances of a peaceful holiday. Your well-being comes first.
File at a Time That Makes Sense for You
While it’s natural to wonder whether you should wait until after the holidays to file for divorce, the truth is that the specific filing date rarely determines how smoothly your case will proceed.
Instead, focus on why you’re choosing a particular time. Are you prioritizing safety? Providing stability for your children during the holidays? Setting a cooperative tone for the process? Or simply making sure the logistics are manageable for you?
Being intentional and transparent—rather than trying to catch your spouse off guard—often matters more than the calendar. The best time to file is the time that supports your well-being, keeps your children’s environment stable, and sets the tone you want for the months ahead.
If you’re weighing the best timing for your situation or need help ensuring you and your family are protected, we’re here to help. Please contact the Law Offices of Kerri Cohen at (410) 657-2515 or [email protected] to get started.
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