Family Lawyer to the Stars Explains Why January Is Divorce Month

"New year, new you" for most people may mean making New Year's resolutions to hit the gym, but for many, it means filing for divorce.

Among family attorneys, January is known as "divorce month," as people come out of the holiday season more resolved than ever to end their marriages.

There are “two main reasons" for so many January divorces, according to Randall Kessler, a family lawyer at Kessler & Solomiany, whose client list features numerous Atlanta-based celebrities, including former "Real Housewives" and more recently, TV personality Jeannie Mai, who is in the midst of a divorce from rapper Jeezy.

"There are those people who feel uncomfortable initiating a divorce just before or during the holiday season so they wait until after," Kessler said. "The other common reason is that some people are using the holiday season to test how they feel, and then realize that even with all the spirit and joy of the holiday season, they’re still unhappy and they do not want to spend the next holiday season in the same relationship."

If divorcing in January is so common, should unhappy spouses wait for a better time? Kessler says no.

The right time for a divorce is "when you are absolutely certain that this relationship will not work, and that things have the potential of being much better for both of you if a divorce happens," Kessler said.

"There are no 'preferred' dates or times of the year to file for divorce," Kessler said. "The only timing issue would be something related to an emergency, or if someone is going to move counties or states, in which case you would like to have custody resolved well in advance of the next school year, to enroll the children in school, and to prepare them for the change."

Another reason an unhappy spouse may want to wait is if their partner is recovering from a health issue, "for obvious reasons and to avoid being accused of being heartless," Kessler said.

"Some lawyers and others might say it is better to wait until after the breadwinner receives his or her year-end bonus. But of course the breadwinner might feel the exact opposite. But to me, those considerations are not nearly as important as when you know that a divorce is better than staying in the same relationship," Kessler said.

He also said "we plan for a January onslaught," and that good law firms staff accordingly, but it "never hurts to ask" if you think your lawyer might be too busy to handle your divorce when you're ready to initiate it.

If you're contemplating a divorce, but don't have a lawyer, Kessler says you should "ask your friends, especially lawyer friends, who they recommend."

"Just have a consultation. Learn about the process and what may happen to the finances and parenting time and ask every question you have. Once you learn about the process, you can make a more educated decision about if and when to file for divorce," Kessler said.

Once you've met with a lawyer, how will you know they're the right lawyer for you? Kessler says "go with your gut."

"First step is to find someone who is qualified and has good experience handling complicated divorce cases if that’s what’s needed. But after that, just make sure you find someone you feel comfortable talking to," Kessler advised. "You will be going through an extremely personal journey with this professional, and you need to feel as comfortable as you can."