January likely to see spike in divorce filings as holidays end

By Erin Jensen

From Merry Christmas to married no more?

January has earned the nickname “Divorce Month” in legal circles because many couples wait until just after the holiday season to divorce.

Attorney Laura Wasser, who has represented celebrities such as Angelina Jolie, Johnny Depp and Ashton Kutcher in their divorces, says January has rightfully earned its reputation.

“It is absolutely true that the first month of the year, and in particular the first half of it, is the highest for either new clients or divorce filings,” she says. “Definitely that first week back [after the holidays] is always very busy.” In 2018, when Wasser launched her website It’s Over Easy, which provides online divorces and serves as a resource for those seeking divorce, she strategically chose the month of January.

According to Google Trends, the topic of “divorce” peaked the week of January 6-12. On Pinterest, queries for “divorce party” rose an average of 21 per cent from December to January in 2019 and the two years prior, according to Swasti Sarna, Pinterest insights manager.

A 2016 study from the University of Washington, which looked at divorce filings from 2001-15 in the state of Washington, concluded that the number of filings increased in January, compared to December. In looking at Ohio, Minnesota, Florida and Arizona additionally, associate professor for the school, Julie Brines, said, “the seasonal pattern of divorce filings is more or less the same”.

It’s worth noting that divorces (and marriages) are on the decline. There were approximately 8 per cent fewer divorces and annulments in 2017 compared to 2007, according to the CDC.

Wasser says stressors of the holiday season — travel and spending lots of time with family — can ultimately fracture the marriage.

“By the end of it, many people feel like, ‘I do not want to ever go through this holiday period again with this person,’” she says.

Wasser also believes the desire to make improvements in the coming year drives people to make changes. “I think it’s starting a new year and knowing that in a lot of states, like in California for example, there’s a six-month waiting period,” she says. “So, they want to really make sure that they’re done with their divorce by summer, by half the year, really getting a head start.”

Clients of Wasser’s long to preserve one last family holiday.

“Nobody wants to sit down with their kids on December 21 and go, ‘Listen, Mom and I are getting a divorce,’” she says.

Rosemary Lombardy, a financial adviser who penned “Breaking Bonds: How to Divorce an Abuser and Heal — A Survival Guide” after ending her own abusive marriage, said giving her children a joyous holiday motivated her, in part, to stay in her marriage.

“I thought about it for years, and I tried my best to make sure, like most mothers do, that my children had happy holidays,” she recalls. “I think that’s one of the reasons why women — even if they decided that they’re gonna divorce — don’t file during the holidays. They want that one last Thanksgiving or Christmas together, or spring break together as a family.”

What’s attractive about that final festivity?

“I think [the] idea of protection, being able to protect and shelter your children — you want them to enjoy the holidays and to have happy memories,” Lombardy explains.

For those contemplating divorce, Wasser underlines the importance of two things: kindness and knowledge.

Divorce isn’t going to be easy, but it doesn’t have to be contentious, she says.

“Creating more dissonance in your relationship — particularly if you have children with somebody that you’re gonna still know for the rest of your life, whether or not you’re married to him or her — doesn’t make sense,” she says. “You want to make sure that you get through it in a way that keeps as much of your money and your psychological well-being intact.”

Doing research before filing for a divorce can make the process less intimidating, she said.

“It’s a scary process, and the more you know, and the more of a community to which you belong, the easier it will be for you to get through it,” she said.