Is January the most common month for Dane County divorce?

No, at least not in 2013.  Dane County divorce was most common in April and July 2013.  It is commonly believed that many spouses wait to get through the holiday season before filing, or seek a fresh start in the new year.   There are many viewpoints on January’s notoriety as “divorce month” as this article demonstrates  http://www.huffingtonpost.com/2011/01/04/january-more-divorces-tha_n_803958.html.    In January 2013, 129 Dane County divorces were filed.   In April and July, the number rose to over 140 for each month.  January is one of the higher months, but not much more so than any other.   The timing of a divorce filing may be important for legal, financial, or child custody purposes, so it is best to consult with a divorce lawyer before filing to ensure your and your children’ interests are protected.

One of the reasons for the increased filing of Dane County divorce during summer is the school break. Parents believe, perhaps correctly, that children will have a few months to get used to new living and family arrangements before the school year stars again.  Parents also have more time for legal matters, finding a new residence, etc. when the children’s homework, activities, etc. are likely decreased. A review of Sauk County records shows the same increase in summer months as for Dane County divorce filings.

The timing of a divorce filing may be important for legal, financial, or child custody purposes.  Of course, filing for separation may be driven by necessity, for example, in cases of domestic violence or wasting of assets by one spouse.  I often work with spouses considering a Dane County divorce to establish an action plan.  The plan includes safety concerns (if necessary), arrangements for a temporary residence, ensuring access to funds, and discussion of how and when to inform the children and other spouse.   In cases that require immediate action in the form of a temporary order, the Dane County divorce court, due to an overload of work, usually cannot schedule a hearing for about a month after the request.  This delay must be considered when preparing a filing plan.

I highly recommend that anyone considering a divorce consult with an experienced divorce attorney prior to filing.   I am happy to provide a free consultation at my office in Madison.

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About the Author: David Kowalski

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