Family Law

Divorce attorneys say January is one of the busiest months for filings



For many couples, New Year's Day inspires the need to begin a new life -- by filing for divorce.

January, according to several divorce attorneys interviewed by the Advance, is the highest divorce-filing month.

"It's the month for people who deferred things over the holidays -- either because they don't want to spoil the family's celebrations, or because they feel they will be able to work things out over the holidays," said divorce attorney Jay S. Baum, based in New Dorp.

But after the new year, the same marital problems are still there -- and holiday bills become due, which also exacerbates existing tensions, Baum said.

Manhattan-based divorce attorney Andrea Vacca has found, "The most popular month for people to call a divorce lawyer to start the process of separating or divorcing is definitely the month of January.

"I think it's caused by a combination of people waiting to get through the holidays without causing too much upset for their families, as well as making New Year's resolutions for themselves that they will not spend another year in a bad marriage," Ms. Vacca said.

Divorce lawyer James Stewart, whose articles have appeared in The Times of London, noted that Christmas often highlights the flaws in a relationship.

"Extra time together can force problems that already exist in the relationship to come to a head," Stewart said. As a result, many people are driven to file a divorce in January, after the holiday season. In fact, yesterday marked "D-Day" -- "Divorce Day" -- in England, as more divorces are expected to be filed on Jan. 7 there than on any other day of the year.

However, according to DivorcesYourself.com, an Internet company based in Olympia, Wash., January ranks second as the month when most divorces are filed, while June is No. 1.

"In our experience, people seem to decide to act upon a decision to divorce more frequently in June, after school lets out," said a spokesman for the company. "We believe that many couples with children want to get through the current school year before undertaking the major life changes associated with divorce. Acting in June affords parents and children the summer months to adjust to new life circumstances."

Dongan Hills-based divorce attorney Anne-Louise DePalo noted that research she did at the Richmond County Clerk's office last year tied a higher-than-average surge in divorce filings to New Year's resolutions.

While January has a higher than average number of filings, "the highest number occurs in the summer months, especially in July, perhaps because children are out of school and summer is a time people usually slow down and have a chance to think, as well as having more time to follow through," Ms. DePalo said.

Read more in the Staten Island Advance.