Is Your Spouse Going to File for Divorce After the New Year?

Posted by Josh Valentine | Dec 20, 2019

January is sometimes called “divorce month,” because there tends to be an increase in the number of divorces filed in the first month of the new year. With the holidays fast approaching, many couples who have been having troubles come together again for the family and kids. However, after the new year, many of the same problems re-emerge and may lead to a spouse filing for divorce. 

If you are wondering whether your spouse is considering a divorce and want to know how you should prepare to protect yourself and your children, talk to your North Carolina divorce attorney about your rights and options in a divorce or separation

Why is January Divorce Month?

While January is not the peak month for judges granting a divorce, there is generally an increase in divorce filings in January compared to November and December. December tends to have the lowest rate for divorces, which may not be surprising for many couples.  

There are a few reasons why couples may not file for divorce in November and December and prefer to wait until the new year. Especially when the couple has kids, they may try and keep the family together for one more holiday season. November and December have some of the busiest family-oriented holidays with Thanksgiving and Christmas. This time of year, kids are out of school and many people go on trips to visit extended family over the holidays. 

A couple may try and stay together so their kids will not have to deal with the difficult news of a divorce. The couple may also not want to deal with talking to parents and other family members about a divorce, which may include a lot of unwanted advice and conversation. 

There may also be a lot of nostalgia around the holidays when people think about the good times they had during the past Christmas holidays or New Year's Eve parties. Movies, TV shows, and songs can all increase the magical feeling of the holidays when couples put in extra effort to work together. Unfortunately, when New Year's Day hits, the effects of the holidays can come to an end, leaving couples with the same problems they were dealing with before the holidays.    

New Year for Change 

The new year is also a time for resolutions, life changes, and trying something new. While many New Year's resolutions are about things like stopping smoking or going to the gym every day, some people may be looking for more major life changes, like seeking a divorce. 

If you suspect your spouse may be filing for divorce in the new year, you are likely to have time to prepare. In North Carolina, the couple has to live separately and apart for a year before they can seek a divorce. This should give any couple enough time to think about whether a divorce is the best option and to give them time to find a divorce lawyer to deal with child custodyproperty division, and alimony

Planning for a Divorce

At Caulder & Valentine Law Firm, PLLC, we have helped spouses protect their rights and interests in a North Carolina divorce or child custody dispute. Contact us today in Shelby for a consultation.

About the Author

Josh Valentine

You could say Josh has a God-given ability for sustaining long-term relationships. He and his wife first met in elementary school and went to Gardner Webb University (GWU) together, where they tied for number 1 in their class. Then, they both started law school on the same day of their graduation and got married during their first semester. He has also known his law partner Blake Caulder since Kindergarten. Theirs is the perfect partnership. “He’s the brake; I am the accelerator,” Josh says. Both Josh and his wife attended an innovative program at Charlotte Law School that allowed them to complete law school in two years instead of the typical three. His wife graduated and passed the North Carolina bar at age 20, becoming one of the youngest attorneys in the state. He readily admits she’s smarter than him. Of course, Josh went on to pass the North Carolina State Bar himself and later the South Carolina State Bar. While in school, he was Associate Editor of the Law Review and received accolades like Phi Delta Phi International Legal Honor Society membership, Order of the Crown, Pro Bono Honors, CALI Awards (highest grade). In his career as a lawyer, he has been admitted to the United States Federal Court for the Western District of North Carolina, is a member of the American Association of Premier DUI Attorneys, and completed training for DWI Detection & Standardized Field Sobriety Testing. Josh has also been named to the Top 40 Under 40 for Criminal Defense by The National Trial Lawyers, the Business North Carolina 2019 Legal Elite for Criminal Defense, and the 10 Best Attorneys for Client Satisfaction by the American Institute of Criminal Law Attorneys three years in a row (2016, 2017, and 2018). Community involvement has been important to Josh all his life. In high school, he participated in building a Holocaust museum that has become internationally regarded. He and his wife are actively engaged in animal rescue, which currently means seven cats and two kittens. He served in prison ministry and assisted with fundraiser banquets there, and he provides pro bono and reduced fee legal services to those in need. As if all of that weren’t enough, Josh also mentors high risk youth and helps with his church’s youth group. He participates in other community volunteer projects involving construction, remodeling, drywall, painting, and landscaping. He’s an active student of the Bible and has traveled to Israel, Brazil, and Europe for mission work. No one can say Josh isn’t a well-rounded individual. In his spare time, he likes to play softball, basketball, and tennis, and he can play the piano and trombone. Sometimes on weekends, believe it or not, he enjoys pouring and finishing concrete with friends who own a concrete and grading business. In his law practice, Josh has made it a point to develop positive relationships with officers, clerks, and district attorneys, which has proven invaluable in delivering positive results for his clients. It’s important to him to both listen to his clients and fight for them. Law enforcement officers have important responsibilities to keep our communities safe and uphold the law, but one of the responsibilities of attorneys is to make sure officers do their job correctly. Josh considers it his job to hold them accountable for their actions. Josh is a person of deep faith. He knows that the established order of our universe and strength of America’s Judeo-Christian influenced court system is built on God’s word. His passion to serve each client with innovation, excellence and integrity is a byproduct of his faith. When asked why he became a lawyer, Josh says, “All through my life, I have personally witnessed family members and very close friends endure divorce, child custody battles, bankruptcy, civil lawsuits, and even fraudulent criminal accusations. I both saw and experienced the stress such events can place on an individual, and I realized that everyone, at some point in their life, needs hope, comfort, and encouragement. In each one of those situations, the person who was best situated to provide that vital support was their lawyer. So that’s why I became an attorney. I understand what you are going through, and I’m here to help you. Our office is focused on meeting your needs and guiding you through what may be the most difficult time of your life.” Education: Charlotte School of Law J.D., Magna Cum Laude Class Rank – 21 of 328 Associate Editor of Charlotte School of Law Law Review Certification and Concentration in Employment Law Phi Delta Phi International Legal Honor Society Order of the Crown Pro Bono Honors CALI Awards (Highest Grade)—Lawyering Process I and Contracts I Full Scholarship Gardner-Webb University B.S. in Accounting, Summa Cum Laude Distinguished Senior Student Award – Highest GPA Alpha Sigma Lambda National Honorary Society Bar Admissions: North Carolina State Bar