“Divorce Season”: Why January Sees a Spike in Filings (and What to Do Now)

Quick Summary: Divorce season is the stretch after the winter holidays when many couples decide to divorce. The court filings come later and peak in March and August. Virginia now lets you open a case as soon as you separate, but a no-fault divorce still needs six months or a year apart before it’s final.

Key Takeaways

• Your spouse can file first, too: Either of you can now start a case the day after you separate.
• December’s card balances are likely marital debt: A judge can divide them even if the card is only in your spouse’s name.
• December 31 sets your tax status: If you’re still married that night, the IRS treats you as married for the whole year.
• Safety doesn’t wait for January: A protective order needs no divorce case and no end to the holidays.

Every January, the term divorce season starts appearing in headlines. But if you’re considering ending your marriage, you’re probably less concerned about when other couples divorce and more concerned about what you should do next.

Whether you’re ready to move forward or still weighing your options, understanding the legal process can help you avoid decisions that may complicate matters later. This is particularly important in Virginia, where changes to the divorce laws in 2026 have affected when you can begin the process.

Is Divorce Season Real?

Divorce season is real, and it begins in January, when many people make the decision and start calling lawyers. The filings themselves come later. A University of Washington study of court records found they peak in March and August, the months after the winter and summer holidays.

Sociologists Julie Brines and Brian Serafini tracked Washington State filings from 2001 to 2015, then found the same pattern in four other states. In 2025, one family lawyer echoed a similar sentiment to NPR, saying new cases see “a drop-off of 50%” in December and January, but hit their peak beginning in March.

Hiring a lawyer, working out where everyone will live, and preparing the papers take weeks, which pushes many filings toward March.

Why Do So Many Divorces Start in January?

Brines told UW News that people “tend to face the holidays with rising expectations.” When those expectations fall flat, practical pressures pile on in the same few weeks:

• The kids are through the holidays. Many parents wait so their children get through winter break first. By January, that reason is gone.
• Weeks of close quarters. Time off, houseguests, and long visits with in-laws leave little room to avoid the problems you’ve worked around all year.
• The bills come due. December’s credit card statement arrives in January, and money is often the argument a strained couple has put off longest.
• A new year feels like a deadline. Brines calls the holidays a time of “anticipation or the opportunity for a new beginning.” If you’ve been unhappy for years, January 1 can feel like the day to stop waiting.

Can You File for Divorce in Virginia Right After You Separate?

Yes, since July 1, 2026. Either spouse can open a case the day you separate, as long as at least one of you means the separation to be permanent. What hasn’t changed is the waiting period before a judge can grant the final divorce.

The case you’d file is an old Virginia option with a new use. Called a “divorce from bed and board,” it works like a legal separation: you’re still married, but the court is involved. Under Virginia Code § 20-95, you can file for a divorce from bed and board as soon as you separate, without a waiting period.

Before July 2026, most no-fault cases had to wait out the separation first, and many articles online still say so.

The wait comes at the end. Under Virginia Code § 20-91(A)(9), a no-fault divorce generally requires one year of separation. With no minor children and a signed separation agreement, six months is enough. Once that time passes without you getting back together, the judge can grant the final divorce.

Filing early lets you ask for temporary orders on support, custody, and who stays in the house while the case runs. Your spouse can do the same. If you’re served with papers, the court gives you only a short time to respond, so call a lawyer that week.

Why Your Separation Date Matters More Than Your Filing Date

Virginia uses one date to sort shared property and debt from separate: the day you separated, with at least one of you intending it to be permanent. Under Virginia Code § 20-107.3(A)(4)–(5), debt either of you took on after the wedding and before that date is generally marital.

Marital doesn’t mean you’ll automatically owe half. It means the debt goes into the pot a judge divides, based on things like who ran it up and why. So December’s credit card balance usually counts as marital, even if the card is only in your spouse’s name.

Debt taken on after you separate is generally your own. Spending that had nothing to do with the marriage, such as gifts for a new partner, can be assigned to the spouse who spent it. A spouse who drained accounts ahead of the divorce can have that counted against them when the judge divides things.

If a card is joint, the card company can still bill both of you, whatever the judge decides. Our guide to dividing debts in a Virginia divorce covers how card balances and car loans get split.

Where You Stand in January: What Virginia Law Lets You Do

How soon your divorce can be final depends on two facts: whether you have minor children, and whether you’ve signed a separation agreement.

Disputes over the house, money, or children can add months. If you agree on everything, you may not have to go to court for your uncontested divorce at all.

What to Do Now If You’re Thinking About Divorce

None of these steps require filing anything or telling your spouse. If you’re afraid of your spouse, read the safety section below first.

1. Write Down Your Separation Date

Your separation date is a fact your spouse can dispute later, so record it while it’s fresh. It might be the night one of you moved to the guest room, or the week you stopped sharing meals and money. Virginia allows separation in the same house, but it’s harder to prove. Separate bedrooms, separate finances, and dated notes on your phone all help.

2. Save Copies of Your Year-End Statements

December bank, card, and retirement statements arrive in January, along with W-2s and your mortgage interest form. Save your own and joint account statements somewhere only you can reach. Once a spouse knows divorce is coming, passwords often change, and paperless statements may stop reaching you. Don’t log in to your spouse’s personal accounts without legal advice.

3. Plan Your Tax Return Before You Sign Anything

The IRS looks at your marital status on December 31. If you weren’t divorced or legally separated under a court decree on that date, IRS Publication 501 treats you as married for the whole year. You can still file jointly or separately.

If your spouse moves out by the end of June, you may be able to file as head of household for that year. You’d also need your child living with you more than half the year and to pay most of the household costs. Ask a tax preparer before you sign a joint return.

4. Keep the Kids’ Routine Steady

Hold off on moving out with the children or switching schools until you’ve had advice, unless you need to leave for your safety. The arrangement you set up now may become the starting point for a temporary custody order, so make it one you could live with for months.

5. See a Lawyer Before You Tell Your Spouse

A first meeting gives you a plan for that conversation, including what not to promise. Offhand offers made at the kitchen table (you keep the house, I’ll pay off the card) can harden into expectations. Our Roanoke divorce attorneys can help you decide what to say and when.

Should You Wait Until After the Holidays to File?

If you’re safe and your finances are stable, waiting a few weeks rarely changes your case. Many parents wait so the kids get through the holidays first. Two situations shouldn’t wait. The first is money: if joint accounts are being emptied or cards maxed out, call a lawyer this week.

The second is safety. If your spouse has hurt you or threatened to, act now. Virginia’s juvenile and domestic relations court, the local family court, can issue a protective order without any divorce case. That order can let you stay in the home while your spouse has to leave. If you’re in immediate danger, call 911.

When you look for help, use a phone or computer your spouse can’t check. The National Domestic Violence Hotline, 1-800-799-7233, is free and available around the clock. If you need legal protection, you may also qualify for a protection order in Roanoke. If you have to leave with the children, get to safety first, then speak with a lawyer before taking them out of Virginia.

Planning Around Divorce Season? Talk With a Roanoke Divorce Lawyer

You may have decided to separate but still have questions about the house, shared accounts, or arrangements for your children. These are decisions worth discussing before making commitments that could be difficult to change. At Slovensky Law, we can help you understand your options under Virginia law and what needs attention first.

If you and your spouse already agree on the major issues, RightSplit® may be an option. Our online uncontested divorce service allows qualifying Virginia couples to complete much of the process from home. Our team helps formalize your agreement, prepares the necessary legal documents, and handles court filings, often without the need for an in-person court appearance.

Whether you’re still considering divorce or ready to begin, call us at 540.492.5297 or schedule a discovery call to discuss your situation and the next steps.

Schedule a Discovery Call