Are Divorce Rates Higher Around the Holidays?

Are Divorce Rates Higher Around the Holidays?

Yes, divorce filings in Texas increase significantly following the holiday season, with January through March seeing the highest spike. While divorce filings actually drop by about 50% during November and December, they surge dramatically once the new year begins. A landmark University of Washington study found that divorce filings rise by approximately 33% between December and March, with the actual peak occurring in March rather than January.

For Texans contemplating divorce, understanding this pattern can help you plan strategically, protect your interests, and navigate the process with realistic expectations about timing and logistics.

What the Research Shows: The January Divorce Phenomenon

The connection between holidays and divorce isn’t just anecdotal. Texas family law practitioners report that January and August are the most common months for divorce filings, with January seeing a clear jump immediately after the winter holidays. Several Texas firms note that November and December are among the slowest months for new divorce filings, confirming that people often “wait out” the holidays before taking action.

Family law attorneys nationwide report a 25% to 30% increase in divorce inquiries every January. The University of Washington study, conducted by Associate Professor Julie Brines and doctoral candidate Brian Serafini, analyzed divorce filings across multiple states from 2001 to 2015 and confirmed these patterns are consistent and statistically significant.

The researchers weren’t initially looking for seasonal patterns. They set out to study how the recession affected marital stability. But as they analyzed the data, a striking pattern emerged that was, according to Brines, “very robust from year to year, and very robust across counties.” The study found that filings consistently drop during major winter and summer holidays, then surge afterward.

The study found two distinct peaks each year:

• Early Spring (March/April): The highest annual peak, following the winter holidays. In King County, Washington, for example, the average number of divorce filings jumped from 430 in December to 520 in March.
• Late Summer (August/September): A secondary peak following summer vacations, with filings rising about 30%.

This pattern held true across states with vastly different demographics and economic conditions, including Ohio, Minnesota, Florida, and Arizona. The consistency suggests that these patterns are driven by cultural and psychological factors rather than regional economic conditions.

The bottom line for Texas: National and regional data, combined with Texas practitioner experience, confirms that divorce filings are generally lower around the holidays themselves (November through December) and significantly higher immediately after, especially January through March. While the stress of the holidays is a commonly cited trigger, the actual filing activity shows up in the post-holiday window, not during the holidays.

Why Do Divorce Filings Spike After the Holidays?

The holiday season creates what researchers call a “domestic ritual calendar” that governs family behavior. Winter and summer holidays are considered culturally sacred times when filing for divorce feels inappropriate, even taboo. As Brines explained, no one wants to be “the jerk who ruined Christmas for everyone.” Several factors combine to make post-holiday months a turning point for struggling marriages:

The Holidays Feel “Culturally Sacred”

Filing for divorce during Thanksgiving, Christmas, or Hanukkah feels inappropriate to most people. Parents especially want to give their children one last holiday together as a family. Many couples decide to “get through Christmas” before taking action, viewing the holidays as a symbolic final chapter. This delay isn’t just sentiment. It’s practical. With family visiting, children home from school, and celebrations to attend, adding the stress of divorce proceedings feels overwhelming.

Holiday Stress Exposes Marriage Problems

A Healthline study found that 62% of Americans report significantly elevated stress during the holiday season. The American Psychiatric Association reports that one-third of Americans experience a significant rise in stress over the holidays. For couples already experiencing tension, the pressure of hosting family, managing travel, negotiating competing family obligations, and navigating financial strain can push a fragile marriage past the breaking point. What might have been manageable conflict during ordinary weeks becomes explosive during high-stakes holiday gatherings.

Financial Pressure Peaks

Money problems are consistently cited as a leading cause of divorce. Holiday spending often exacerbates existing financial tensions. The average family spends significantly more during November and December, and disagreements about gift budgets, travel expenses, and credit card bills can ignite major conflicts. Research published in the Journal of Marriage and Family found that financial strain is one of the strongest predictors of marital dissatisfaction, and the holiday season intensifies these pressures dramatically.

Unrealistic Expectations Lead to Disappointment

Many struggling couples view the holidays as a “last chance” to reconnect. They hope the festive atmosphere will rekindle their relationship. As Professor Brines noted, “People tend to face the holidays with rising expectations, despite what disappointments they might have had in years past.” When romantic dinners fall flat and family gatherings feel tense, the disillusionment that follows often cements the decision to divorce.

The New Year Symbolizes Fresh Starts

January represents renewal and goal-setting. For someone who has been contemplating divorce, the new year offers a psychological turning point. The mindset of “new year, new beginning” motivates action on decisions that have been delayed for months or even years. This explains why divorce inquiries spike immediately after New Year’s Day, but actual filings peak later in March. It takes time to move from decision to action.

Practical Timing Considerations

Waiting until after December 31 to file has practical benefits. It allows couples to file joint tax returns for the previous year, receive year-end bonuses, and avoid disrupting children’s school schedules. The gap between the decision to divorce (often made in December) and the actual filing (in January or later) reflects the time needed to find an attorney, organize finances, and prepare emotionally.

Divorce in Texas: What You Need to Know

Texas has its own divorce landscape, and the numbers may surprise you. According to analysis of Texas Office of Court Administration data and U.S. Census population estimates, Texas’s per capita divorce rate has increased by 43.8% between 2015-2017 and 2024, rising from 2.47 to 3.55 divorces per 1,000 residents. In 2024 alone, Texas saw over 111,000 divorce filings.

Understanding Texas-specific requirements is essential for anyone considering divorce.

The 60-Day Waiting Period

Under Texas Family Code § 6.702, courts cannot finalize a divorce until at least 60 days after the petition is filed. This mandatory “cooling off” period means that even in the most amicable situations, the earliest a divorce can be finalized is the 61st day after filing. The legislature designed this waiting period to ensure couples have time to reflect before making a permanent decision.

The 60-day waiting period can be waived only in cases involving:

• A spouse convicted of family violence against the other spouse or a household member
• An active protective order based on family violence during the marriage

Residency Requirements

To file for divorce in Texas, at least one spouse must have been a Texas resident for six months and a resident of the county where the divorce is filed for at least 90 days. Only one spouse needs to meet this requirement. The marriage does not need to have taken place in Texas.

Key Texas Divorce Statistics

Statistic	Texas Data
Divorce rate (per 1,000 population)	3.55 (2024)
Annual divorces (2024)	111,202
Per capita rate increase (2015-2024)	+43.8%
Divorces initiated by women	69%
Divorces involving children under 18	Nearly 50%
Median length of marriage before divorce	9.9 years
Mandatory waiting period	60 days
Waiting period to remarry	31 days after final decree

Texas Divorce Rates Are Rising: The Population-Adjusted Story

While many assume Texas’s lower divorce rate means marital stability, recent analysis of Texas court data and U.S. Census population estimates reveals a more complex picture. Even after accounting for Texas’s rapid population growth, the per capita divorce rate has increased by 43.8% between 2015-2017 and 2024.

Here’s what the numbers show:

The Raw Numbers

Texas experienced substantial population growth during this period, adding nearly 4 million residents (from 27.5 million in 2015 to 31.3 million in 2024). This 13.9% population increase naturally leads to more marriages and more divorces. But the divorce increase far outpaced population growth:

• Absolute divorce filings: Increased from an average of 68,898 per year (2015-2017) to 111,202 in 2024, a 61.4% jump
• Per capita divorce rate: Increased from 2.47 divorces per 1,000 residents to 3.55 per 1,000 residents, a 43.8% increase

What This Means in Real Terms

For every 10,000 Texans, divorces increased from about 25 per year in 2015-2017 to 35 per year in 2024. If Texas’s divorce rate had remained at 2015-2017 levels, we would expect approximately 77,357 divorces in 2024 based purely on population growth. Instead, Texas saw 111,202 divorces, meaning there were approximately 34,000 “excess” divorces beyond what population growth alone would predict.

Year-by-Year Breakdown

Year	Texas Population	Divorces Filed	Rate per 1,000
2015	27,469,114	71,121	2.59
2016	27,862,596	67,214	2.41
2017	28,304,596	68,358	2.42
2024	31,290,831	111,202	3.55

Sources: Texas Office of Court Administration divorce filing data; U.S. Census Bureau population estimates

What’s Driving the Increase?

Several factors may be contributing to Texas’s rising divorce rate:

• Economic pressures: Inflation, housing costs, and economic uncertainty strain marriages. Texas has experienced significant cost-of-living increases, particularly in Dallas, Fort Worth, Houston, and Austin.
• Pandemic delayed effects: Many couples delayed divorce proceedings during COVID-19 lockdowns and court closures, creating a backlog now working through the system.
• Demographic shifts: Texas’s rapid population growth includes significant in-migration. New residents may have different marriage patterns or attitudes toward divorce.
• Decreasing stigma: Social acceptance of divorce has increased, making couples more willing to end unhappy marriages.

The bottom line: population growth explains only about 18 percentage points of Texas’s divorce increase. The remaining 44% increase in the per capita rate represents a genuine change in divorce behavior among Texans.

The Rise of “Gray Divorce” in Texas

One significant trend affecting Texas and the nation is the rise of “gray divorce,” or divorce among adults aged 50 and older. According to research published in The Journals of Gerontology, the divorce rate for this age group has doubled since 1990. As of 2019, approximately one in three people getting divorced in the United States was aged 50 or older. In 1990, only 8% of divorcing Americans fell into this age bracket.

This trend is particularly notable because it runs counter to the overall decline in divorce rates. While younger generations are divorcing less frequently, Baby Boomers continue to end marriages at elevated rates. The only demographic currently experiencing an increasing divorce rate is adults aged 65 and older.

Researchers attribute gray divorce to several factors: longer lifespans mean fewer marriages end with a spouse’s death, women have greater financial independence than previous generations, and modern expectations for marriage include emotional fulfillment beyond simple partnership. As Professor Dana Weiser at Texas Tech explained, contemporary couples expect their partners to be “best friend, someone we want to have sex with, someone who’s hopefully going to share in with household labor, be our main emotional support,” creating more opportunities for disappointment.

For older Texans, the holidays can be especially challenging. Adult children may pressure parents to maintain appearances, and the prospect of facing retirement alone can make the decision to divorce feel more consequential.

Should You Wait Until After the Holidays to File for Divorce?

The decision to file before or after the holidays depends on your specific circumstances. There is no universally “right” time, but understanding the trade-offs can help you make an informed choice.

Reasons to Wait Until After the Holidays

1. Preserve family time for children: Parents often want their children to have one more traditional holiday before the family structure changes.
2. Avoid holiday conflict: Starting legal proceedings during an already stressful season can amplify tension and lead to more contentious negotiations.
3. Tax planning: Your marital status on December 31 determines your filing status for the entire year. Waiting until January may provide tax advantages.
4. Professional availability: Attorneys, mediators, and financial advisors may have limited availability in late December.
5. Emotional preparation: Use the time to consult with professionals, organize documents, and prepare yourself mentally for the process ahead.

Reasons to File Before the Holidays

1. Safety concerns: If domestic violence is present, your safety takes priority over timing considerations.
2. Asset protection: Filing activates certain legal protections that prevent your spouse from hiding or dissipating assets.
3. Debt accumulation: Filing can help stop the accumulation of marital debt, including holiday spending you didn’t agree to.
4. Child relocation concerns: If you fear your spouse may take children out of state during holiday travel, filing establishes jurisdiction and restrictions.
5. Emotional authenticity: Some people find that “faking it” through another holiday causes more psychological harm than honest separation.

Frequently Asked Questions About Holiday Divorces in Texas

What is the fastest I can get divorced in Texas?

The absolute minimum is 61 days from the date of filing, assuming both parties agree on all issues and there are no complications. Most divorces take 6 to 12 months, depending on complexity. Contested divorces involving children, property disputes, or business valuations can take significantly longer.

Is January really “divorce month”?

January is more accurately described as the month when people begin exploring divorce options. Inquiries spike dramatically. Lawyers report their phones start ringing with new client calls on January 2nd. However, the actual peak in filings occurs in March, after couples have had time to consult attorneys and organize their affairs.

Will filing for divorce ruin my children’s holidays?

Research consistently shows that it’s not divorce itself that harms children, but rather ongoing conflict between parents. A peaceful separation with effective co-parenting is far less damaging than a hostile household maintained for appearances. Many Texas courts now require co-parenting education to help parents minimize conflict and prioritize their children’s well-being.

How much does divorce cost in Texas?

Costs vary significantly based on complexity. Simple, uncontested divorces may cost a few hundred to a few thousand dollars. Contested divorces involving children, property disputes, or litigation typically range from $15,000 to $30,000 or more. Attorney fees, filing fees, and professional services like appraisals and mediators all contribute to the total cost.

Can I date while my divorce is pending?

While Texas does not technically prohibit dating during a pending divorce, doing so can complicate matters. Dating could be viewed as adultery (which Texas still recognizes as a fault ground), may affect property division or spousal support determinations, and can inflame conflict with your spouse. Most family law attorneys advise waiting until the divorce is finalized.

What to Do If You’re Considering Divorce This Holiday Season

If you find yourself contemplating divorce as the holidays approach, take these steps to protect yourself and prepare for the process:

1. Consult with an experienced family law attorney. Understanding your rights, options, and the likely outcomes in your specific situation is essential before making any decisions.
2. Gather financial documents. Start collecting records of bank accounts, retirement accounts, debts, property values, and income. This information will be crucial regardless of when you file.
3. Document everything. If there are concerns about custody, parenting behavior, or asset dissipation, keep detailed records.
4. Plan for your children. Think through how custody arrangements might work during holidays and what schedule would serve your children’s best interests.
5. Prioritize safety. If you are in an abusive situation, your safety and your children’s safety come first. Contact an attorney immediately about protective orders and safety planning.

Get Help from an Experienced Texas Family Law Attorney

Divorce is one of the most significant decisions you will ever make. The timing, strategy, and representation you choose can affect your finances, your relationship with your children, and your future for years to come.

At Varghese Summersett, our family law team understands the emotional weight of this decision and the practical complexities of Texas divorce law. With offices in Fort Worth, Dallas, and Southlake, we serve clients throughout North Texas who need experienced, compassionate guidance through the divorce process.

Whether you’re ready to file immediately or simply want to understand your options, we offer consultations to help you make informed decisions. Our team can advise you on timing, strategy, and what to expect at every stage of the process.

Call us today at 817-203-2220 or contact us online to schedule your consultation. Don’t navigate this difficult time alone. Let us help you protect your rights and build a foundation for your future.