New Year, New Marital Status: Banaszek Family Law explains why January is "Divorce Month"

At Banaszek Family Law, and family law firms across Canada, inquiries about separation and divorce substantially spike each January. Although the reasons for this post-holiday trend are mostly obvious, being aware of it will assist in selecting the most competent legal representation for your matter.

Why is January “Divorce Month”?

January is popularly recognized as THE month to ‘turn over a new leaf’ and set the trajectory for the rest of the year (or potentially, the rest of your life). If you have been considering a change to your marital status for months (or years), the allure of welcoming a fresh start makes sense at the beginning of a new year.

One theory why January is unofficially dubbed “Divorce Month” is that couples decide to stick it out for one last holiday season together with their family or the children, “and then head to the lawyer's office soon after the Christmas tree comes down.” When clients have their initial consultations with my office at the beginning of the new year, they often share how they attempted to create one last memorable Christmas as a family, expecting that a new parenting arrangement and traditions will be formed shortly.

Another suspected reason for the spike includes waiting until it’s a new year for tax purposes. Having accurate and complete information about both parties total incomes over the most recent tax year assists in the process of advising about both child and spousal support obligations.

[If you would like to learn more about child support, spousal support or disclosure exchange, read Banaszek Family Law’s Family Law Blog].

The spike is also likely sharpened in January because of holiday office closures and limited court availability. Most law firms close down for the holidays at the end of December, meaning that there will be a backlog of potential new clients to assist upon reopening in January.

For the most part, the trend is anecdotal in nature and difficult for Statistics Canada to keep accurate records of. One of the reasons for this is because married couples do not always file divorce documents immediately after have separate. In Canada, most divorces are not granted by the Court until the parties have been separated for at least one (1) year, and that does not mean that couples file their documents within the first year of being separated either. However, most family lawyers and mental health professionals will acknowledge that there is a peak of married couples in troubled relationships choosing to separate in January.

Hiring a family lawyer in January

Knowing that January is coined “Divorce Month” will assist you in choosing the most competent legal representation for your matter. For starters, it is difficult to schedule an initial consultation with most family lawyers in January, which is good to know if you are scrambling to obtain legal advice with respect to your separation.

At Banaszek Family Law, we make the time to prioritize initial consultations to guide Albertans through this new and complicated process. Often times, obtaining independent legal advice makes a world of difference in how you proceed with your legal matter. If a law firm, or a specific lawyer, does not have the time to support you in this time of need, it may be a sign that they will not be prompt throughout the remainder of the year and their time representing you. Having an understanding of your lawyer’s availability and responsiveness is part of the selection process as it will heavily impact the type of solicitor-client relationship and representation you receive.

In addition, knowing that most family lawyers, mediators and arbitrators are swamped during January will provide you with insight into the realistic timelines for things to “get off the ground”. Being fully aware of some delays that may be encountered in your matter in January and February is important. It is advisable that you communicate your expectations to your family lawyer and request confirmation from your lawyer about whether the timelines and results you expect are realizable.

Banaszek Family Law is here for you.

Require legal advice so you can confidently take steps to make a change in your personal life this year? Banaszek Family Law is here to help you! The best place to start is by booking a virtual initial consultation with a family lawyer. During this time, all of our initial consultations are being scheduled as a telephone or video conference call at discounted rates.

You are one click away from taking control of your life and finding answers to your family law and divorce questions. Make the next move by scheduling your virtual initial consultation with Adrianna Banaszek today, by clicking HERE ●

Follow Banaszek Family Law on Twitter, Facebook, Instagram and LinkedIn for more updates on family law trends and issues.

BANASZEK FAMILY LAW WISHES YOU ALL THE BEST IN 2021!