Why is January ‘Divorce Month’?

Why is January called Divorce Month? 

The decision to separate and divorce doesn’t typically come out of the blue.  A relationship changes over time and spouses drift apart.  Something might have happened that damaged their ability to trust each other and small annoyances fester until they’re no longer tolerable.  Once the decision to separate and divorce has been made there’s no magic wand that appears so that with a slight wave of the hand all the details have been worked out, and the next chapter of your life can begin.  Instead, there are so many questions.  Who gets to keep the house?  When do we tell the children?  How much will this cost?  What will happen to my pension?  And the list goes on. 

Not unlike deciding to eat better and exercise regularly, starting the separation and divorce process feels like something to be planned for with a start date and the right mindset.  Even though January is not the only month people decide to separate and divorce (and in fact divorces occur throughout the year, even on Valentine’s Day!), it is a month that represents all things new and is psychologically congruent with the notion of change.  A family may work hard to maintain harmony over the holiday season and save the upheaval that comes with change to January. 

This timing avoids disrupting children’s holidays and prevents the holiday season from becoming the memory association of when their parents separated.  From a financial perspective it is quite practical as many businesses have year ends of December 31st and T4s are issued as proof of income for a calendar year.   And if we’re honest, spending time together over the holidays can often exacerbate conflict and having time off from work gives one space for introspection and the recognition that things can simply not continue in the fashion they have. 

In Canada there are three grounds for divorce:  having lived separate and apart for one year, adultery, and cruelty.  The most common ground cited is having lived separate and apart for one year, which means “Divorce Month” is really “Research and Learn More about How to Separate and Get a Divorce Month” (but that is a bit wordy so it makes sense that we call it “Divorce Month” instead!).  In other words, in the month of January law firms see a spike in inquiries and consultations and though the divorce can’t be finalized for a year, the process of gathering information and starting negotiations can begin immediately.   

Separation and divorce means your family system is changing.  It isn’t necessary to prepare yourself as though you are headed into a war.  A commonsense approach to separation and divorce has both spouses not only supported by lawyers who can provide legal advice, but lawyers who can also provide advice on the process options that are best suited to your unique situation.  Contact Panko Collaborative Law & Mediation at 1.306.975.7151 or email admin@commonsenselawyer.com to book a consultation with one of our lawyers to learn more.  

Charmaine Panko, K.C. is the owner and founder of Panko Collaborative Law and CommonSense Mediation. She has been working in the family law and alternative dispute resolution industry for close to 20 years, and brings her wealth of experience and her compassionate heart to every file she works on and every course she teaches.

Charmaine is currently accepting Collaborative Law clients in March of 2026 at the hourly rate of $700/hour + taxes, and she is teaching courses throughout the year.

For more information about retaining Charmaine as your Collaborative Lawyer, call 306-975-7151

For more information about taking courses from Charmaine, visit www.commonsensemediation.ca