Why January Is One of the Busiest Months for Divorce Filings& What You Should Know Before You File

Every January, family law attorneys across Florida see a noticeable increase in divorce inquiries and filings. It’s not a coincidence — and if you’re considering divorce, understanding why this happens (and what steps to take before filing) can make a meaningful difference in the outcome of your case.

At Hoffman, Larin & Agnetti, we’ve helped South Florida families navigate divorce and other family law matters for more than 40 years. If January has you thinking seriously about separation or divorce, this is the time to pause, get informed, and protect yourself before taking legal action.

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Why Divorce Filings Spike in January

1. The Holidays Bring Issues to the Surface

The holidays place families under intense emotional, financial, and logistical pressure. For couples already experiencing tension, extended time together, family gatherings, and financial strain can make longstanding problems impossible to ignore.

Many people choose to “get through the holidays” before making any major decisions — which is why January often becomes the breaking point.

2. New Year, New Reality

January is a time of reflection and change. People reassess their lives, relationships, finances, and long-term goals. For some, staying in an unhappy or unhealthy marriage no longer feels sustainable.

3. Practical Timing

From a legal and financial standpoint, January can feel like a “clean slate”:

• A new tax year

• End-of-year bonuses already paid

• Children returning to school routines

• A sense that it’s easier to plan next steps early in the year

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What You Should Know Before You File for Divorce

Filing for divorce is a significant legal decision — and the choices you make before filing can impact everything from child custody to finances.

1. Timing Matters

In Florida, the timing of filing can affect:

• How marital assets and debts are classified

• Child custody and time-sharing arrangements

• Temporary support and alimony issues

Filing too quickly, without understanding your rights, can put you at a disadvantage.

2. Don’t Assume Everything Will Be “50/50”

Florida law starts with a presumption of shared parental responsibility, but that does not mean every case is automatically equal — especially when children, income disparities, or complex assets are involved.  To learn more about 50/50 here: “Beyond the Basics: When 50/50 Time-Sharing Isn’t in the Cards“

3. Avoid Costly Early Mistakes

We often see clients unintentionally harm their case by:

• Moving out of the marital home too soon

• Making informal custody arrangements without legal guidance

• Draining accounts or hiding assets

• Relying on advice from friends or the internet

Getting legal advice early can prevent mistakes that are difficult — and expensive — to fix later.

4. Preparation Creates Leverage

Whether your divorce is contested or uncontested, being prepared gives you leverage. Understanding your rights, obligations, and realistic outcomes helps you make confident decisions instead of reacting emotionally.

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Why Speaking With a Family Law Attorney Early Makes a Difference

January may be a busy month for divorce filings, but it’s also the best time to get clarity before acting. A consultation doesn’t obligate you to file — it gives you information, options, and peace of mind.

At Hoffman, Larin & Agnetti, we take a practical, strategic approach to family law. We help clients:

• Understand their legal position before filing

• Develop a plan tailored to their family and finances

• Protect their children, assets, and future

• Move forward with confidence, not uncertainty

• Read here to learn who NOT to hire and why: “When Divorce Lawyers Make Things Worse: How Ego and Conflict Delay Settlement“

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Schedule a Consultation Before You File

If you’re considering divorce or separation this January, don’t rush into filing without understanding your rights and options.

Schedule a consultation before filing — and get clear legal next steps tailored to your case.

Our experienced family law attorneys serve clients throughout Broward County, Miami-Dade County, and the Florida Keys. We’re here to help you start the new year informed, prepared, and protected..