Should You Wait Until After the Holidays to File for Divorce?
Author: Emily J. Schmale
POST DATE: 11.2.26
If you've already been considering divorce, the end of the year can bring an added layer of uncertainty. Do you move forward now, or put things on hold until January? Will waiting make the process easier for your family, or will it simply delay decisions that need to be made?
Many couples face this question, and the answer isn't always straightforward. While the calendar alone shouldn't determine when you file for divorce, practical, financial, and family considerations can make timing important. Understanding how the divorce process works in Indiana can help you decide whether to move forward now or wait until the new year.
Path 1: Why You Might Consider Waiting Until After the Holidays
For families with children, maintaining familiar holiday traditions may matter. Waiting until January could allow time to enjoy planned celebrations, coordinate family gatherings, and prepare children for upcoming changes. The holidays can also be financially and emotionally demanding. Between travel, gifts, year-end expenses, and busy schedules, some couples may prefer to use this time to gather financial documents, review household expenses, and consider their next steps before beginning the legal process.
Waiting doesn't have to mean doing nothing. You can still meet with an attorney, ask questions and begin preparing without immediately filing for divorce.
Path 2: Why Filing Before the Holidays Might Make Sense
In some situations, starting sooner may help, especially when you need to address questions about finances, parenting arrangements, or living situations.
Under Indiana law, there is a minimum 60-day waiting period between filing a petition for dissolution of marriage and finalizing a divorce. Filing before the holidays starts that waiting period earlier, although it does not guarantee when the divorce will be finalized. Indiana courts may also issue temporary orders while a divorce is pending. These orders can address matters such as parenting time, child support, financial responsibilities, and use of the family home.
For some families, beginning the process before the new year can help establish a clearer path forward rather than leaving important questions unresolved.
What About Finances and Year-End Considerations?
The timing of a divorce can have financial implications, especially for taxes, shared assets, retirement accounts, and household expenses. For example, your marital status on December 31 can affect your federal income tax filing status for that year. Property division and financial arrangements may also require careful consideration before making major decisions.
Rather than assuming filing in December or January will produce a better financial outcome, it's worth discussing your circumstances with an attorney and, when appropriate, a tax professional.
One of the biggest misconceptions about divorce is that you need to have everything figured out before seeking legal guidance. You don't.
Whether you're ready to file or simply considering your options, an initial conversation can help you understand Indiana's divorce process, what documents to gather, and which decisions may need attention. You can begin preparing for the future without feeling pressured to make every decision before the holidays.
At CCHA Law, our Family Law attorneys understand that divorce involves more than paperwork. It can affect your children, finances, home, and future plans. We're here to help you work through those considerations and determine the next steps that make sense for your situation. Whether you're considering filing before the holidays or waiting until the new year, contact CCHA Law's Family Law team to start the conversation.
This content is intended for general informational purposes only and does not constitute legal advice. Results vary depending on the specific facts and circumstances of each case. Past results do not guarantee future outcomes. Contact an attorney to discuss the specifics of your situation.
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