Call For A Consultation: 317-350-4108

  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
    • Criminal Law
    • Appellate Practice
    • General Practice
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online
  • Home
  • About
    • Julie C. Dixon
    • Alexander Moseley
    • Matthew McConnell
    • Adrian DeNeen
  • Practice Areas
    • Family Law
      • Adoption
      • Child Custody
      • Child Support/College Expenses
      • Defense Of Protective Orders
      • Divorce Litigation
      • Grandparent Visitation
      • Guardianships
      • High-Asset Divorces
      • Legal Separation
      • Paternity
      • Pre- And Post-Nuptials
      • Protective Orders
      • Relocation
    • Criminal Law
      • Indiana Criminal Appeals Lawyer
      • Indiana DUI Lawyer
      • Indianapolis Criminal Defense Attorney
      • Indianapolis Drug Crime Attorney
    • Appellate Practice
      • Petition For Rehearing
      • Interlocutory Appeals
      • Divorce Appeals
      • Child Custody Appeals
      • Civil Appeals
      • Petition For Rehearing
    • General Practice
      • Business Law
      • Indiana Civil Litigation Attorney
      • Indiana Civil Statutes Of Limitations
    • Probate & Estate Planning
  • Blog
  • Contact
  • Pay Online

 317-350-4108

The Attorneys at Dixon & Moseley, P.C.

Strong, Trial-Ready Advocates Protecting Your Rights

  1. Home
  2.  | 
  3. Divorce
  4.  | 
  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.
  • How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

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

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

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

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

    How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

    « Older Entries

    Recent Posts

    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
    • Failure to Object: When Is an Issue Waived?

    Archives

    Categories

    RSS Feed

    Subscribe To This Blog’s Feed

    Reach Out Now For A Confidential Consultation

    Office Address

    50 East 91st Street
    Suite 200
    Indianapolis, IN 46240

      Indianapolis Law Office

    Phone Number

    317-350-4108

    • Follow
    • Follow

    © 2026 Dixon & Moseley, P.C. • All Rights Reserved

    Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

    Review Us
    Pay Online