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Why Do People Divorce in January?

Why Do People Divorce in January?

There are several factors that could explain divorce rate spikes in the new year and especially in the month of January. Jeremy Sutton recently reviewed  some these factors, including:

• People see January 1 as an opportunity to analyze their lives and change what no longer makes them happy. Sometimes that’s their spouse or partner

• Finances are often called the biggest challenge to a relationship or marriage. Money is always a common factor – especially at Christmas, when pockets are emptied and tensions run high

• Unsatisfactory relationships can drift along during the year, but any unhappiness is highlighted when couples spend a lot of time together over the Christmas break

• It’s sad but true that for some couples having limited time together keeps them together, and being in close proximity 24/7 over Christmas/New Year is the last straw

We examined the data behind this phenomenon last year.

Is It Your New Year’s Resolution to Get a Divorce?

January is the prime time of year for couples to initiate divorce, based on the number of court-filed applications; divorce filings begin to spike in January, and peak in February and March.   January is when divorce lawyers report seeing a spike in consultations from disgruntled husbands and wives, who at least want to do some information-gathering, by exploring the various financial and child-related repercussions that a formal separation or divorce would entail.

Apparently, those in troubled partnerships will try to keep the status quo throughout the holidays – especially if children are involved – only to formally separate or embark on marital counselling once the festivities are over. The reason for this timing is largely (shall we say) “sentimental”: People don’t want to initiate divorce proceedings immediately before, or during, the holidays. They may not want to put a pall over what is ideally supposed to be a family oriented, idyllic season of the year.   Or, they may want to delay so that the family can have one final holiday together, before they split.

For others – especially those individuals who have already started to secretly contemplate divorce, or for those embattled couples who have begun to discuss the prospect between themselves – the “fresh start” quality of New Year, and the tradition of making resolutions, may prompt unhappy partners to re-evaluate their future and finally make the break they have been contemplating.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at RussellAlexander.com

Top 5 Mistakes You Can Make in Your Divorce

mistakes

Top 5 Mistakes You Can Make in Your Divorce

The title really says it all. Here are the main mistakes we see in our Family Law practice – although we could easily make a list triple this size:

1. Not getting all the information.

This can include not understanding the full extent of your legal entitlement under Ontario Family Law, signing documents without really knowing what you are committing to, and not taking steps to ensure that you have received the full financial picture from your soon-to-be Ex, in terms of his or her assets, debts and liabilities that are subject to the equalization process. As the saying goes: “Knowledge is power”.

2. Settling for less.

If you are going through a divorce, you will be understandably eager to move on from the relationship and leave the unpleasantness behind as soon as possible. However, this sense of urgency could result in you making hasty decisions early on the process, and settling for less than you deserve. For example, you may agree to less child support than you need or are legally entitled to, because you are in a hurry to keep afloat financially or because you just want to bring an ugly divorce process to the quickest possible conclusion.

3. Letting divorce negotiations or mediation go on too long.

I am all for settling as much as possible outside the courtoom. But at some point, even if you and your spouse are conciliatory and negotiation-minded, you may have to admit that you have reached a stage where certain issues are unlikely to be resolved between you. At this stage, it may be unavoidably necessary – yet ultimately optimally productive – to have those matters determined by a judge.

4. Disregarding court orders.

There is simply no up-side to doing this. The Family Law system is well-equipped to deal with situations in which a court order is being ignored; the repercussions usually include the triggering of various enforcement mechanisms, plus the levying of additional court costs.

5. Trying to do too much by yourself.

This encompasses many things: not getting competent legal representation immediately; trying to carry all or part of the file on your own (especially when you are stressed with other pressures such as work, childcare, and the details of moving on); and trying to advance the divorce process patchwork-style, while switching lawyers two or three times.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. For more information, visit us at www.RussellAlexander.com.

Divorce Made Easy?

Proposed changes to Divorce in Ontario are aimed at making the system easier and more affordable.

Read more