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Why January Is The Best Month For A Divorce

Going through a divorce is almost always painful and stressful. There will always be challenges, whether the divorce happens at the beginning or end of the year. However, there is one month that routinely is the most popular for divorces.

Learn about the most popular month for divorces below and other important Illinois divorce information. If you are considering a divorce, talk to a Naperville divorce lawyer for more information.

January Is Often Called Divorce Month

January has been called Divorce Month for years and has been considered by some as the best month for divorce. This may have started in the 1970s and 1980s when Baby Boomers began to get divorced. Why?

Many attorneys think the most likely explanation is January comes right after the holidays. Very few people want to experience divorce trauma when opening presents and spending time with loved ones. If a couple, especially with children, considers divorce around the holidays, they may decide to stay together until the end of the year. Once the new year comes around, they are ready to get going on the divorce.

There are other reasons people get divorced in January. A divorce attorney said stress levels spike during the holiday season. It can reach the breaking point. Others may think the holidays can heal the marriage. But then, January comes, and it’s back to the real world as bills and responsibilities loom. Many strained marriages cannot handle the additional stress.

Another reason people divorce at the start of the new year is taxes. You and your spouse may have filed jointly before but will not do so in the future. Getting tax matters issued before the end of the year can be helpful. January and April are popular for divorce.

There also are other financial issues that can make January a logical time for the split. The divorce date and separation can be important in a Naperville divorce regarding asset valuation. For instance, if one spouse earns a year-end bonus, it can help the other spouse to delay the divorce until the bonus is received. It would be considered community property under Illinois law.

Other Popular Months For Divorces

There are other views on popular months for divorces. The New York Times reports that some lawyers say a perceived increase in January divorces could be because there are fewer filings in November and December. January is when things start to pick up in divorce attorneys’ offices. However, people may begin to call in January, but they may divorce a few months later.

A University of Washington study from 2016 looked at divorce filings in the state between 2001-2015. It concluded the most popular months for divorce finalization were March and August.

However, the timeline for a divorce can depend on the state’s laws. For example, in Georgia, a divorce can be finalized in a month but can take years in more complicated cases.

How Long Does An Illinois Divorce Take?

Whatever time of year a divorce occurs, a common question is how long it will take. In Illinois, many things affect how long a divorce takes. If the divorce is contested, your spouse may not agree to the divorce or who the children will live with. Below are general guidelines for how long divorces take in the state:

Contested divorce

In a contested divorce, the parties disagree on one or more common topics. Each side usually has a lawyer, or they may not have one. A contested divorce may take from six months to many years. This kind of Illinois divorce takes longer because the court is more involved, and there are disagreements to sort out. For example, there may be squabbles over alimony, child support, child visitation, and who gets the house.

Uncontested divorce

An uncontested divorce is where the parties share a lawyer and agree on how to split property. An uncontested Illinois divorce can take between two months and a year. The major issue is how busy the court is.

Joint simplified divorce

This is the quickest way to get an Illinois divorce. With a joint simplified divorce, the family law court can finalize the break in as little as a week. This is another kind of uncontested divorce, but only some will qualify. You can only get this type of divorce if you satisfy all the requirements.

Mediated divorce

A mediator meets with both sides to sort out the divorce issues. Mediation takes at least three months and up to a year. If your attorney helps with the mediation, it can take about the same time.

How long a mediated divorce takes depends on how quickly the sides can agree on the disputed issues. This can be a fast divorce if you do not have children or a lot of assets.

Collaborative divorce

This type of divorce can vary by the situation. A collaborative divorce involves a lawyer for each party trained in the process. Most Illinois collaborative divorces take between eight and 14 months.

Whatever type of divorce you get in Illinois, how long it takes will be affected by these factors:

  • Debts and assets
  • Children
  • Degree of conflict
  • The grounds for divorce
  • State residency requirements
  • How long to serve the other spouse
  • If a prenuptial agreement is in place

Contact Naperville Divorce Attorneys Now

There are many emotional and financial challenges when going through a divorce. Unfortunately, there also are many mistakes that can be made during the divorce that can cause you a lot of problems. With so much at stake, selecting the right Naperville divorce lawyers is more important.

The Naperville divorce attorneys at Keller Legal Services provide aggressive and effective representation to divorcing clients. We are pleased to serve Chicago, Naperville, Elmhurst, Downers Grove, Oak Brook, Aurora, Wheaton, Geneva, Orland Park, Joliet, Tinley Park, Woodridge, St. Charles, Elgin, and St. Charles. We also work with DuPage County, Will County, and Kane County clients. Our attorneys also serve clients near the Riverwalk, Naper Settlement, Centennial Beach, and Naperville Historic District. Please contact us today for a complimentary consultation about your divorce case.