For many couples, the new year feels like the right time for a fresh start. January is often called “Divorce Month” because so many people take steps toward ending their marriages after the holidays. If you’re considering divorce in the upcoming year, thoughtful planning now can make the process smoother and less stressful for everyone involved. Here are some things to keep in mind as you prepare for this significant life change. McMurdie Law & Mediation encourage advanced planning so that the process of divorce is smoother and often less expensive. Seek counsel on what is entailed in a customized advance plan for you and your family.
Why Wait Until After the Holidays?
It’s common to delay filing for divorce until after the holiday season. There is so much expected of adults and children during the holidays to preserve, participate and enjoy family traditions, perhaps church events and community celebrations. The holidays provide an opportunity to reflect on their relationship, sometimes having more time together to really determine and confirm whether divorce is the right step.
Financial decisions are incredibly important. Many people prefer to start the process with a clear picture of their year-end finances, including holiday spending, bonuses, or tax considerations. Starting fresh in January allows you to approach divorce with focus and organization, rather than squeezing it into the hectic holiday season.
Get Your Finances in Order
Divorce often comes with financial challenges, so early preparation is key. Start by gathering important documents, including tax returns, pay stubs, bank statements, and any information about shared assets like homes, vehicles, and retirement accounts. Take note of your household expenses and debts, especially if you’ve racked up holiday credit card bills or made large purchases. Read our blog: Financial Mistakes to Avoid when Divorcing
If you’re unsure where to start, consulting with a financial advisor or attorney can help you understand what’s needed and ensure you’re prepared to address financial matters during the divorce process. McMurdie Law & Mediation work with many financial experts who can assist you in addition to the legal planning provided.
Consider Timing and Its Impact
Filing in the new year can have legal and tax implications. In Arizona, for example, residency requirements mean at least one spouse must have lived in the state for 90 days before filing. Timing matters for taxes, too. If your divorce isn’t finalized before December 31, you should file jointly for the previous tax year, which often results in some financial benefits.
Arizona’s community property laws are an important and essential consideration. Assets and debts acquired during the marriage are generally considered community property and are divided equally unless you have a good reason for a different division. Gifts and inheritance is sole and separate properly unless you commingled it by placing it into joint ownership such as a joint account or joint titling. These are concepts that your attorney will help you sort out. Also, if you’ve had significant changes in your financial situation near the end of the year, waiting until January might give you more clarity and control over your financial future.
Think About Your Kids
Divorce is a big change for the children, and can be scary, especially when it disrupts routines or cherished traditions. With planning early, you can foresee and discuss the best way this year with your schedules, how to address parenting time, and holiday celebrations. Arizona courts focus on the best interests of the child, so it’s important to create a parenting time plan that supports stability and minimizes stress for your children.
This is also a good time to think about how next year’s holidays by observing how things go this year. What can be better next year? What should be different and what should stay the same? If possible, start having discussions with your spouse about how you’ll handle holiday schedules in the future. The more you can agree on now, the easier it will be later.
Start Building Your Team
Divorce may involve many professionals beyond your attorney. The accountant, the financial and estate planner, the counselor and/or clergy from church. It is a legal, financial, and emotional process and having the right support is essential. Hiring an experienced Arizona family law attorney is one of the most important steps you can take. Your attorney will help you understand your rights, work with you on the plan that will enable the smoothest and most effective way to move forward on this challenging legal process and, with a plan that works for your family, and ensure your divorce complies with Arizona’s laws.
We encourage consulting also with a financial advisor to help you create a post-divorce budget or assess your financial needs. It is also important to get your emotional support team in place, whether through friends, family, or a counselor, and having people to lean on can make a big difference.
Plan for a Fresh Start
Divorce is a major life change, and along with that also offers an opportunity to reset, re-create and design a new future. As you think about filing next year, take time to focus on self-care and set goals for the months ahead. Think about what life will look like after the divorce: Where will you live? What will your new budget be? How will you maintain routines for your children? Answering these questions now can give you confidence as you move forward. McMurdie Law & Mediation can help with addressing all of these concerns having worked in the area of divorce for decades.
Waiting until after the holidays to file for divorce can give you the time and clarity needed to prepare thoughtfully. Whether it’s gathering financial documents, making plans for your children, or seeking legal advice, taking small steps now can make the process less overwhelming.
At McMurdie Law & Mediation, we’re here to guide Arizona families through the divorce process with professionalism and care. Contact us today at (480) 777-5500 to schedule a consultation and take the first step toward starting the next chapter of your life.