Why do so many people file for divorce in January?

January represents a psychological and practical reset. After months of emotional strain, financial pressure, and postponed decisions during the holidays, many individuals reach a point where continuing the marriage feels unsustainable. The new year provides clarity, structure, and the emotional permission to move forward.

Is filing for divorce in January a strategic decision?

For many people, yes. Filing after January 1 can simplify tax planning, financial disclosure, and asset evaluation. It also allows individuals to plan custody schedules, housing decisions, and financial transitions with fewer year-end complications.

Does filing in January affect child custody decisions?

January filings often coincide with more stable routines for children, such as school schedules and extracurricular activities. Courts focus on consistency and the child’s best interests, and beginning the process after the holidays can reduce immediate disruption.

Are January divorces more emotionally driven than other filings?

While emotions play a role, January divorces are usually the result of long-term consideration rather than impulsive decisions. Most people who file in January have spent months weighing the emotional, financial, and family implications of divorce.

Should I speak with a lawyer before filing for divorce in January?

Yes. Early legal guidance helps you understand your rights, timing considerations, and potential risks before taking action. Preparation before filing can significantly influence financial outcomes, custody arrangements, and the overall trajectory of the case.

Divorce Myths | Common Divorce Misconceptions New York & New Jersey

Despite greater access to information, divorce myths remain deeply ingrained. Many people approach divorce carrying assumptions that are outdated, exaggerated, or simply incorrect. These myths often drive fear-based decisions that complicate the legal process and undermine long-term stability.

In 2026, misinformation spreads faster than ever, especially through social media and anecdotal advice. Understanding what is not true is just as important as understanding what the law actually provides.

Why Divorce Myths Are Still So Powerful

Fear-based information and social media

Divorce is emotional, and fear seeks certainty. Online forums, short-form videos, and personal stories often present extreme outcomes as typical. These narratives gain traction because they validate anxiety, not because they reflect legal reality.

Why myths spread faster than facts

Facts are nuanced and case-specific. Myths are simple and dramatic. When someone is overwhelmed, simplicity feels safer, even when it is wrong.

Myth #1: Divorce Means Everything Is Split 50/50

Equitable distribution vs equal division

One of the most persistent myths is that divorce automatically results in a 50/50 split. In reality, both New York and New Jersey apply equitable distribution, which focuses on fairness, not equality. This misunderstanding is addressed in Is New York a 50/50 divorce state? , where outcomes depend on the facts of the marriage, not a fixed formula.

Myth #2: The Higher Earner Automatically Loses More

Income does not determine fairness

Earning more does not mean losing everything. Courts consider contributions, lifestyle, and future needs. Income is one factor among many, not a punishment mechanism. This myth often fuels the fear explored in how to divorce without losing everything .

Myth #3: Mothers Always Get Custody

Best interests of the child standard

Custody decisions are based on the child’s best interests, not gender. Courts evaluate stability, involvement, and cooperation. This misconception often creates unnecessary conflict and appears frequently in questions about what a divorced wife is entitled to .

Myth #4: You Must Be Separated for Years Before Filing

No-fault divorce and separation rules

Many people believe separation is required before divorce. In New York, no-fault divorce does not require physical separation. This confusion is clarified in how long do you have to be separated in NY to get a divorce .

Myth #5: Hiding Assets Protects Them

Disclosure requirements and consequences

Some believe concealing money or property prevents division. In reality, nondisclosure often leads to serious legal consequences. Courts require transparency, and hidden assets in a high-net-worth divorce frequently result in worse outcomes for the party attempting concealment.

Myth #6: Divorce Takes Forever

What really affects timelines

Divorce timelines vary. Some cases resolve quickly, while others take longer due to conflict or complexity. The process is outlined in NJ divorce process timeline, where preparation and cooperation significantly affect duration.

Myth #7: January Divorces Are Emotional Mistakes

Strategic timing vs impulse

January sees an increase in filings, but this does not mean decisions are impulsive. Many people wait until after the holidays to act strategically, as discussed in why January is one of the busiest months for divorce.

Why Letting Go of Myths Changes Outcomes

Strategy replaces panic

When myths are removed, individuals can focus on facts, planning, and long-term goals. Clarity replaces fear, and strategy replaces reaction. This shift aligns with the principles outlined in the 3 C’s of divorce, clarity, control, and communication.

Divorce myths create unnecessary fear and poor decisions. Accurate information and early planning allow you to approach divorce with confidence rather than panic.

Schedule a confidential consultation with a family law attorney in New Jersey or New York today.

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Frequently Asked Questions

Why do divorce myths persist in 2026?

Because fear-based stories spread faster than nuanced legal facts, especially online.

Is divorce law the same in every state?

No. Divorce laws vary by state, making generalized advice unreliable.

Can believing myths hurt my divorce case?

Yes. Acting on misinformation can lead to poor financial or parenting decisions.

How can I verify accurate divorce information?

By understanding state-specific law and seeking structured legal guidance early.

When should I stop relying on online advice?

As soon as you are seriously considering divorce or facing legal decisions.