By: E.A. Putman
January is colloquially known as “Divorce Month.” It sounds harsh, but it fits square in with the other things we resolve in January. We resolve to lose weight. We resolve to eat better. We resolve to stop drinking (Dry January, anyone?) We resolve to do or not do the myriad of things we said we were going to do. So, it’s not uncommon for people to resolve to make the difficult but necessary decision to let go of a failed marriage.
But why January? I’m not sure as my office is often very busy in December. Some people prefer not to enter the new year carrying any old burdens. Yet, others focus on spending time with their kids during the holidays. They also concentrate on managing their finances. They want to avoid any stress that can dampen their holiday spirit. As a result, January has traditionally been the time when many finally decide to file.
“Knowing when to leave is important,” and everyone has their own time.
In my personal life, I might be perceived as a tad emotional. Nonetheless, when it comes to practicing law, I focus on practicality. With that in mind, let’s examine the practical aspects of the pros and cons of a January filing. Here’s what you can expect.
The Pros of Filing for Divorce in January
Strategy: In Texas, after you file for divorce, the law generally requires a 60-day waiting period. Only then can you finalize the process. Filing for divorce in January triggers the waiting period early in the year. If all issues are resolved, the divorce can be finalized as early as March. This approach is ideal for those wanting to conclude their proceedings quickly (new year new me?).
Financials: If you file for divorce in January and your divorce is finalized before December 31st, the IRS will consider you “single” for that entire tax year. When you file your taxes, you will each file individually. Handling the divorce this way creates a clear financial separation and gives you clarity managing your financial future.
January 2026: Start divorce proceedings.
March 2026: Earliest divorce can be finalized.
December 31, 2026: Finish divorce for the purpose of tax filing.
The Cons of Filing for Divorce in January
The drawbacks of filing for divorce at the beginning of the year are subjective. Many still celebrate Valentine’s Day, only to confront the reality that they will not be doing so with their spouse. Upcoming Spring weddings will require changes in RSVP. Preparations for kids’ graduations will undoubtedly become more tense. College transitions will be stressful as warring parents try to figure out who’s hosting what.
“For people who decide to marry, there is never an ideal time to file for divorce.”
It’s January. There’s a lot of “what we won’t put up with in 2026” posts circulating social media. For some, feeling triggered by that post can lead to filing for divorce. While reconciliation is always possible, the act of filing for divorce itself is a significant and often adversarial step.
Financial: Initiating a divorce isn’t free and post-holiday financial debt can complicate the process.Divorce involves considerable upfront financial costs. An uncontested divorce, where both parties agree on all terms, is the least expensive option. But, if you anticipate a dispute over anything—child custody, spousal support, who gets the house—be ready for much higher costs.
Yesterday, I ran into a former client and family friend whose divorce was finalized in 2025. She thanked me for helping her reclaim her life. We filed for divorce in December 2024. It was just a few days before Christmas. The divorce was finalized the week before Easter. We both acknowledged how much a year can change a person. It’s a new year. Is there a new version of you?
Deciding when and how to start a divorce is one of the most challenging decisions you will ever make.
At The Putman Firm, PLLC, we dedicate ourselves to family law litigation. We help our clients navigate life’s most difficult transitions with strength and strategy. We believe in strong advocacy, personal attention, and building a trusted relationship with every client. That’s why we still offer traditional in-person consultations to discuss your case face-to-face. For your convenience and safety, we provide consultations by phone. We also offer secure video consultations through our Your Family Law Attorney portal.
If you are considering a divorce, please contact us. We can help you understand your rights and options.
Call The Putman Firm, PLLC today for a consultation at (281) 501-9033.
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