The new year is a time for fresh starts.
Diets and more exercise. Vows to pay off debt.
And for couples with troubled marriages, January is a popular time to start the divorce process.
But January is not actually the most common month for divorce filings, at least in New Jersey, according to data from the New Jersey Judiciary.
In fact, only 2,082 of 2019’s 26,320 divorces were filed in January, the data showed.
March is the most popular month to file for divorce across the state, followed closely by April and then October.
That makes sense based on anecdotes shared by several family law and divorce attorneys. They said their offices get busier in January with clients who have a newfound motivation to start divorce proceedings.
But it takes time between a consultation with an attorney and actually filing for divorce, and that probably accounts for the numbers.
“The reality is that during the holiday season, mid-November through New Year’s Eve, most divorce attorneys are slower than during the balance of the year as most individuals who may be contemplating divorce are either busy with the holidays or otherwise may believe it is best to put off taking action until after the holidays,” said Kenneth White, a certified matrimonial attorney with Shane and White in Edison.
And, White said, the courts are closed between Christmas and New Year’s Day, and many judges set their personal vacation time a week or two before then so they can be off for two or three weeks in a row.
There was a rush to divorce at the end of 2018, but that was an anomaly because of changes to alimony taxation with the new tax law. Alimony, for divorces finalized by the end of 2018, was deductible for the payor and taxable to the payee. But in 2019, alimony became tax neutral.
(For more on how alimony works in New Jersey, read this story.)
David Carton, co-chair of the matrimonial and family law practice at Mandelbaum Salsburg in Roseland, said he historically sees an uptick in client calls and meetings in January.
“This is not only for new clients but also for people I have spoken with months ago who have now decided to move forward,” he said.
January can be a time for reflection, which for some means an opportunity to assess their marriage and determine if they can “take” another year with their current spouse, said Thomas Roberto, a family law attorney with Adinolfi, Molotsky, Burick & Falkenstein in Haddonfield.
“There may also be a financial benefit to waiting until after the holidays, which can be a factor for some people trying to decide when to file for divorce,” he said. “For example, your marital status as of Dec. 31 of each year determines whether you can file your taxes jointly with a spouse.”
We don’t have data to support why people choose to divorce at certain times of year, but the attorneys we consulted say they see trends that are supported by the numbers.
Fewer divorces were filed in November, December and February than they were in January, the data showed.
A pause in divorce filings pre-January often occurs because of a conscious effort by couples to try and get through the holidays with the least resistance between spouses, said Jeralyn Lawrence, a family law attorney with Lawrence Law in Watchung.
She said she does see an increase in inquiries in January, and it’s probably her practice’s busiest month of the year for initial consultations.
September is probably her second busiest time, Lawrence said.
That makes sense per the filing numbers, which show October was the third most common month for divorce filings in 2019.
“Perhaps this trend is similar in rationale, such that many couples attempt to conclude the summer with the least amount of disruption to their schedules or their children’s schedules,” Lawrence said.
Whenever you decide to start the divorce process, remember this may be the largest financial transaction of your life because the marital pot is split in half, said Jody D’Agostini, a certified financial planner and certified divorce financial analyst with AXA Advisors/The Falcon Financial Group in Morristown.
She said the average divorce itself hurts everyone’s bottom line with legal fees alone averaging $15,000.
“Making the wrong decision can impact your financial future in large measure,” D’Agostini said. “It is very important to look at the entire picture and consider not only how this will affect you this year, but how it will affect you for the rest of your life.”
Are you considering divorce? In coming stories, we’ll explore the biggest mistakes people make when filing for divorce, alternatives to traditional divorce and the newest trends for divorce in New Jersey.
Have you been Bamboozled? Reach Karin Price Mueller at Bamboozled@NJAdvanceMedia.com. Follow her on Twitter @KPMueller. Find Bamboozled on Facebook. Mueller is also the founder of NJMoneyHelp.com.
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Is January really the most popular month for divorce? - NJ.com
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