January sees a significant spike in divorce filings across the country, earning it the nickname “Divorce Month” among family law attorneys. This blog explores why so many couples choose to file after the holidays, what the divorce process looks like in Illinois, and how to determine whether the new year is the right time for you to take this step.
Key Takeaways:
If you spent the holidays going through the motions, smiling for family photos while silently counting down the days until it was over, you’re not alone. For many couples, the weeks between Thanksgiving and New Year’s become a carefully choreographed performance. You show up to the parties. You exchange gifts. You pretend everything is fine for the sake of the kids, the in-laws, or simply to avoid making an already stressful season even harder.
Then January arrives. The tree comes down. The decorations go back into storage. And suddenly, there’s nothing left to distract you from the question you’ve been avoiding: Is it finally time to end this marriage?
If that question has been weighing on you, you’re in good company. January has earned the nickname “Divorce Month” because so many people find themselves in exactly your shoes right now. But just because the calendar has turned doesn’t mean you have to rush into anything. In this blog, we’ll look at why divorce filings spike in January, walk through what the process actually looks like in Illinois, and help you figure out whether this is the right time for you to move forward.
Why Do So Many People File for Divorce in January?
Research from the University of Washington found that divorce filings begin climbing in January and peak in March. Family law attorneys across the country report the same thing: the phones start ringing off the hook as soon as the holiday decorations come down.
So what’s behind this trend? The reasons fall into three main categories:
Emotional reasons:
Practical reasons:
Financial reasons:
The bottom line? January isn’t necessarily better than other months for filing. It’s simply when many people finally stop putting off the inevitable.
What Does Filing for Divorce in Illinois Look Like?
If you’ve never been through a divorce before, the process can seem intimidating. Understanding the basic steps can help it feel more manageable.
Step 1: Filing the Petition
It starts when one spouse, called the petitioner, files a Petition for Dissolution of Marriage with the circuit court. This document outlines the basic facts of the marriage and requests certain outcomes related to parental responsibilities and parenting time (custody), support, and property division.
If you’re on the receiving end of a petition, try not to panic. The language in these documents can sound harsh and alarming, but the petition itself doesn’t determine the final outcome. What actually matters is the Judgment for Dissolution of Marriage that comes at the end of the process.
Step 2: Serving Your Spouse
After the petition is filed, your spouse must be formally notified through a process called “service.” This ensures both parties are aware of the proceedings and have an opportunity to respond.
Step 3: Discovery
Next comes the discovery phase, where both parties exchange financial documents, records, and other relevant information. This is often the longest part of the process, but it’s essential for understanding the full picture of what needs to be divided.
Step 4: Negotiation or Trial
If you and your spouse agree on all the major issues, you have what’s called an uncontested divorce, which moves faster and costs less. If there are disputes that can’t be resolved through negotiation or mediation, the court may need to step in and make decisions for you.
Step 5: Judgment
Once everything is resolved, the court enters a Judgment for Dissolution of Marriage, and your divorce is final.
A few important things to know about Illinois divorce law:
Is January Actually the Right Time for You?
Here’s the truth: the best time to file for divorce isn’t determined by the calendar. It’s determined by your circumstances. Before you take action, ask yourself these questions:
Divorce isn’t cheap. Between attorney fees, court costs, and the expense of setting up a separate household, the bills add up quickly. Before filing, make sure you can answer “yes” to these questions:
If your spouse controls the finances, waiting too long could actually put you at a disadvantage. In that case, talking to an attorney sooner rather than later is a smart move.
If you have kids, timing matters. Think about:
Some parents file in January specifically so that parenting time arrangements are settled before the next school year begins. Others prefer to wait for a less hectic time. There’s no one-size-fits-all answer.
Meeting with an experienced family law attorney before you file can help you understand what to expect. A consultation will give you clarity on:
Going in informed makes a big difference in how confident and prepared you feel.
Divorce isn’t just a legal process. It’s an emotional one. The months ahead will require you to make important decisions while navigating grief, anger, relief, fear, and sometimes all of the above.
Before you file, make sure you have support in place. That might include:
According to Psychology Today, having emotional support during divorce is one of the strongest predictors of how well people adjust afterward. Don’t underestimate how much this matters.
What If You’re Not Ready Yet?
That’s completely okay. Just because January is “Divorce Month” doesn’t mean you’re on anyone else’s timeline. Research shows that many people think about divorce for two years or more before taking action. There’s no prize for moving fast, and there’s no shame in needing more time to be sure.
If you’re not ready to file, you can still use this time productively:
When you’re ready, you’ll be prepared. And that preparation will make the process smoother.
Take the First Step When You’re Ready
At Reidy Law Office, there’s a better way to get through divorce. We don’t sugarcoat things or tell you only what you want to hear. Instead, we give you honest guidance and help you build a plan to move forward with dignity. Whether your divorce is straightforward or complicated, contested or amicable, we’re here to walk you through it.
If the new year has you thinking seriously about divorce, we’d be glad to talk. Contact Reidy Law Office to schedule a consultation and learn more about your options. You don’t have to have it all figured out. You just have to take the first step.
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