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  5. When Is The Best Time To File For Divorce?

When Is The Best Time To File For Divorce?

On Behalf of Dixon & Moseley, P.C. | Jan 8, 2020 | Divorce, Family Law

Sometimes events occur in a marriage that trigger an immediate divorce filing, such as an episode of domestic violence between the parties and/or the children. More often, a marriage unravels and a spouse “wonders” if they should file and when. No matter when it occurs, divorce is long and emotionally draining experience. In reality, many couples stay together long after the marriage is no longer one based on love and mutual respect for many reasons, such as finances or children. That said, many divorces are filed in January or February of a new year. This blog explores the benefits of filing for a divorce in the new year.

Avoiding the holidays. In the United States, the most significant holidays for many, if not most families, is Thanksgiving and Christmas.  For this reason, when school starts in the fall, many spouses wait to file for divorce because of the turmoil it creates for these upcoming holidays, coupled with the time requirements of addressing a new school year. There is sound logic in this approach because most parents have a family ritual surrounding Thanksgiving (such as eating turkey with the extended family and watching football), Black Friday shopping, or Christmas. In particular, with Christmas, the family may go to a special church service or wait all year to see the children wake up and experience the magic of Santa’s presents. Since these memories will be lost, it may make sense to wait to file a divorce until it can be completed with the least interference with school and the holidays.

Being prepared for the new year. By statute in Indiana, the court cannot divorce the parties until at least sixty (60) days have passed.1 The reality in most cases is that it takes several months for the parties to reach an agreement to the terms of divorce, namely division of property and/or custody, or prepare for and go to a contested divorce trial. By filing in January or February, it provides the necessary time to pass to get divorced within the year in most cases and minimizes the interference with the holidays.  Further, it allows the parties to start the new year (and tax year) off with a clean slate.

New Year’s resolution. In cases where the marriage is no longer a partnership built on love and trust, it is exhausting and causes chronic stress. It is much like being overweight, out of shape, or in a dead-end job—it is something that needs change. For this reason, a number of married couples make divorce a New Year’s resolution. While this should not be a hasty decision, it is a resolution that may well make you happier in the next year and be the best time to file to avoid interruption of the important holidays of Thanksgiving and Christmas because many divorces are finalized within six months. In addition, this may time out with summer in case the children need to start a different school based on the parents divorcing. The kids can start the new year in a new school on Day 1 if the divorce finalizes in the summer.

While you may not have the luxury of planning when you file for divorce, if you can, you should consider filing early in the year if the considerations in this blog are operational in your life. This blog was written by attorneys at Dixon & Moseley, P.C. who handle divorces of all types throughout the state. It is written for general educational purposes. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • Indiana Code 31-15-2-13.
  • 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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