Every January, news outlets report on the phenomenon of “Divorce Month,” claiming that family law attorneys see a surge in divorce filings as the calendar turns to a new year. But is this trend real, or is it simply media hype? More importantly, if you’re a Maryland couple considering divorce, does the timing of when you file actually matter?
At the Law Offices of Johnine Clark, P.A., our divorce attorneys help Maryland clients through the divorce process, regardless of what month they choose to file.
The Truth Behind “Divorce Month”
Family law attorneys and court statistics show an increase in divorce consultations and filings in January compared to other months. This pattern appears consistently across the country, including in Maryland courts.
Many couples stay together through the holidays for their children, hoping to provide one last family celebration before separating. Emotional and social pressure during Thanksgiving, Christmas, and New Year’s leads many unhappy spouses to wait until January.
The new year also brings a natural inclination toward fresh starts and major life changes. People make resolutions, reassess their lives, and find motivation to address problems they’ve been avoiding. For couples in troubled marriages, January represents an opportunity to finally take steps toward ending an unhappy relationship.
Additionally, extended time together during holiday breaks can either heal relationships or make existing problems impossible to ignore. When couples spend concentrated time together during the holidays, unresolved conflicts often intensify, leading one or both spouses to conclude that divorce is necessary.
Financial considerations also play a role. Many people wait until after the holidays to consult a divorce attorney because they want to avoid the expense during an already costly season. Tax implications and year-end financial planning lead some couples to file in the new year with clearer financial information.
Does Filing Month Actually Matter in Maryland?
While January may see more divorce filings, Maryland divorce lawyers advise filing timing depends on individual circumstances, not the calendar. Maryland law doesn’t provide advantages for filing in any particular month, but several practical factors may make certain timing preferable for your situation:
- Tax considerations
- School schedules
- Financial preparation
- Property and asset considerations
If you’re expecting a bonus, inheritance, or other significant financial event, the timing of your divorce filing relative to these events can impact property division. A divorce lawyer can explain Maryland’s equitable distribution laws and whether timing affects your outcome.
Maryland’s Divorce Requirements and Timeline
Maryland law requires specific grounds for divorce, and understanding these requirements helps you determine appropriate timing. Maryland recognizes both absolute divorce and limited divorce, with different grounds for each.
Under Maryland law, an absolute divorce legally ends a marriage and permits both parties to remarry. To obtain this divorce, one of three statutory grounds must be established before the court will grant the dissolution of the marriage. Â
The first ground is six-month separation. A divorce may be granted if the spouses have lived separate and apart without interruption for at least six months before filing the complaint. Importantly, Maryland statutes allow spouses to be deemed separated while living together if they are pursuing separate lives.
The second ground is irreconcilable differences. This no-fault ground allows one spouse to assert that the marriage has broken down beyond repair due to differences that cannot be resolved. Unlike six-month separation, there is no required waiting period for filing based on this ground. Â
The third ground is mutual consent. Both spouses must submit a signed written settlement agreement resolving all marital issues, including property, alimony, custody, and support. The court must review and approve this agreement, particularly with respect to the best interests of any minor children, before granting the divorce.
These are the only grounds for absolute divorce in Maryland following legislative reform effective October 2023; traditional fault-based grounds (such as adultery, desertion, or cruelty) and limited divorce have been repealed, moving the state to a modern, no-fault framework.  Â
Understanding these requirements shows that simply filing in January doesn’t necessarily speed up your divorce. Your case timeline depends on meeting legal grounds, reaching agreements, and the complexity of financial and custody issues, not the filing month.
What Maryland Couples Should Consider Before Filing
If you are considering divorce, several factors deserve careful consideration before contacting a divorce attorney, regardless of the month. Financial preparation is essential—gather bank statements, tax returns, retirement account statements, mortgage documents, credit card statements, and information about all marital assets and debts. Having organized financial information helps your divorce lawyer assess your situation and develop a strategy.
Emotional readiness matters too. Divorce is emotionally challenging, and you should consider whether you’re prepared for the stress, negotiations, and life changes ahead. Some couples benefit from counseling before deciding definitively to divorce, while others know they’ve exhausted all options.
Consider your children’s needs and how divorce timing might affect them. While parents often worry about protecting children from divorce, family law research shows that children generally adjust better to divorce than to ongoing parental conflict. A divorce attorney experienced in Maryland custody matters can help you understand how to minimize the impact on your children.
Living arrangements during divorce proceedings require planning. Will one spouse move out? Can you afford separate households? How will you handle shared expenses during the divorce process? These practical questions need answers before filing.
Taking the First Step With the Right Maryland Divorce Attorney
Whether or not January deserves its reputation as “Divorce Month,” if you’re seriously considering divorce, consulting with an experienced Maryland divorce lawyer is the appropriate first step, regardless of the calendar.
At the Law Offices of Johnine Clark, P.A., we understand that every couple’s situation is unique. Whether you contact us in January or any other month, our divorce attorneys provide personalized guidance focused on your specific needs, goals, and circumstances.
If you’re considering divorce, don’t let “Divorce Month” hype pressure you into hasty decisions, but also don’t let another year pass in an unhappy marriage simply because you’re unsure how to proceed. Contact the Law Offices of Johnine Clark, P.A. today to schedule a consultation with an experienced Maryland divorce attorney who can help you understand your options and take appropriate next steps for your future.
