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  5. Is January The Best Month to File For Divorce?

Is January The Best Month to File For Divorce?

On Behalf of Dixon & Moseley, P.C. | Dec 6, 2019 | Divorce, Family Law

Filing for divorce is hard. It’s an emotionally draining time for everyone involved. And as such, it is a decision that should not be made hastily. But, if you find yourself in a situation where you feel divorce is inevitable, you may be wondering, when is the best time of the year to file? While there is no advantage, legally speaking, to filing in one month as compared to another, there are several benefits to filing for your divorce at the start of the new year in January. This blog provides an overview of some of the benefits of filing for your divorce in January.

First, one benefit of filing in January is taxes. Most divorces, but not all, can be completed within a year. Therefore, by filing in January, you have a better chance of being able to file your taxes as single or head of household for the following year. Not to mention, if you have children, there are many tax implications that comes with divorces. Such as, who gets to claim the child(ren) on a specific year. Divorces, in general, have many tax implications and filing in January may give you the best chance of planning for your financial future moving forward.

Second, another benefit is that filing for divorce in January avoids the major holidays. Most of us already experience some level of stress around the holidays with all the family and friend time. Filing in January avoids adding another layer of stress and drama around an already stressful time. If you have children, waiting until January allows them to enjoy the holiday time without worrying about the future. Furthermore, it avoids having to obtain some temporary order on custody for the holiday times, which again, is just another layer of stress. On the flip side, if you have children, filing in January gives you the best time to try to work out a custody schedule for the upcoming summer when the child(ren) are off for summer break.

Finally, it’s a new year and it’s a new chance to start over. Maybe you have been thinking about getting a divorce for a while, or maybe you are finally ready to get out of your bad situation, but whatever the reason may be, January offers you the best time to start fresh. Everyone is looking for New Years’ resolutions, maybe your resolution is taking that hard step and finally moving on. If so, January may be the month for you.

No matter when you file, divorce is certainly never an easy thing to do or go through. But, the right decisions are not always the easy decisions. If you find yourself seeking a divorce, January may be the best time to do so and start your new life.  Divorces are emotional, and oftentimes complex. Obtaining skilled counsel is key to relieving some of the burden that comes with divorce. This blog was written by attorneys at Dixon & Moseley, P.C. who handle divorces of all types throughout the state. It is written and posted for general educational purposes and is not to be construed as legal advice or solicitation for services. It is an advertisement.

 

What Counts as Marital Property in Indiana?

On Behalf of Dixon & Moseley, P.C. | Apr 19, 2026 | Uncategorized

Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

Parenting Time vs. Custody in Indiana: What Parents Confuse Most

On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

Can Custody Be Modified in Indiana? What Must Change

On Behalf of Dixon & Moseley, P.C. | Apr 9, 2026 | Uncategorized

Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

How Indiana Judges Decide Child Custody—the “Best Interests of the Child” Standard

On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

Is Indiana a 50/50 Divorce State? What the Law Really Says

On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

Step-Parent Adoption: How It Works in Indiana

On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

How Divorce Works in Indiana: Step by Step (2026 Guide)

On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

Executive Summary A guardianship is a court supervised legal arrangement where a judge appoints a guardian to make decisions for someone that is incapacitated and unable to make decisions about their finances. To obtain a guardianship, a prospective guardian must file a petition for guardianship with the appropriate court, notify interested parties, and attend a hearing where a judge will…

Indiana’s New Custody Law: What Parents Need to Know About Findings of Fact Executive Summary

On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

Indiana law now requires judges to explain child custody decisions in writing. As of July 1, 2025, Indiana courts must include written findings of fact and conclusions of law in final custody orders. This means judges can no longer issue unexplained custody rulings. Instead, they must clearly identify the evidence they relied upon and explain how it supports the custody…

Protective Order in Indiana: Filing Online, What It Covers, and What Happens Next Executive Summary

On Behalf of Dixon & Moseley, P.C. | Mar 12, 2026 | Uncategorized

Indiana protective orders are civil court orders that can restrict contact, require someone to stay away from you, and impose other safety‑related conditions in situations involving domestic or family violence, sexual assault, stalking, harassment, or child sex grooming. In Indiana, petitions for protective orders can be filed through the state’s Protection Order E‑Filing Service, and once an order is issued,…

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