January is dubbed “Divorce Month” by lawyers, and for many people in our adversarial system, it is an emotional and financial roller coaster. Canada’s rules may be just, but they aren’t always compassionate when it comes to families dissolving. We assemble a panel to discuss what should be changed. I felt privileged to be a member of this panel. You’ll find details regarding……
Family law experts refer to January as “divorce month.” Divorce filings are at an all-time high during this season, as couples who have been waiting for the holidays to break their marriages begin to consider their alternatives.
The divorce rate in Canada is over 40%, which means that many people will have to deal with family law at some point in their life.
The Action Committee on Access to Justice in Civil and Family Matters produced a study last fall that provides a depressing image of what that’s like: a confrontational and adversarial system, high prices, and a lack of legal aid for individuals who can’t afford family lawyers.
Joined by the following people to investigate the implications of a lack of access to justice in family law:
The Family Justice Working Group includes Rollie Thompson. He’s also a law professor at Dalhousie University, where he concentrates on family law and divorce.
Janis Pritchard is the Managing Partner of Pritchard & Company Law Firm and a Collaborative Divorce Lawyer and Divorce Mediator. Medicine Hat, Alberta, was where she was at the time.
Listen to this informative podcast here, along with a very amusing clip of Louis C.K. expressing his divorce silver lining ideas.
Why is January such a popular month for divorcing couples?
Is it the bitterly cold temps that have you down this morning? Or are you just not looking forward to going back to work after the holidays?
If you’re feeling down today, you’re not alone: the most melancholy day of the year has arrived early this year.
While ‘Blue Monday’ has traditionally occurred later in the month, according to a U.K.-based protein drink brand, we’re actually feeling the most depressed today.
You’re probably not alone if you’re having a bad day today. The most miserable day of the year, according to a UK-based company, is January 6, the first Monday following the new year.
On Monday, Upbeat Drinks launched their ‘Upbeat Barometer.’ The company claims that the new tool has examined over two million tweets over the last three years to decide that today is the most miserable day of the year.
According to the barometer, the first Monday back to work following the new year is when people write the most unpleasant tweets.
The ‘blue’ idea dates back to 2005, when psychologist Cliff Arnall was hired by a travel business to identify the year’s most depressing day.
The original method took into account weather conditions, debt, the amount of time since Christmas, unhappiness over failed New Year’s resolutions, and the fact that most of us despise Mondays to determine the most gloomy Monday of the month.
While there have never been any true scientific studies to back up any claims regarding Blue Monday, statistics reveal that many couples’ relationships may take a dismal turn this month, as January is the most popular month for divorce.
The most common day to file for divorce, according to divorcedepot.co.uk, a do-it-yourself divorce service, is the first Monday of the new year.
“People want to spend one last holiday season with their families together, and they don’t want their children to link divorce with the holidays,” divorce coach Deborah Moskovitch told CTV’s Canada AM on Monday.
She did, however, say that after the holidays, it’s customary for couples to do some “soul searching.”
“They decided this is it; I don’t want to put up with my partner for another year.”
How do you keep your kids safe through a divorce?
January has earned the moniker “divorce month” with good cause. There are more divorce filings in this month than in any other month. Going through a divorce during the holidays can be emotionally demanding, which is why many individuals wait until January to do so. People desire a calm Christmas, Hanukkah, festive season, or happy New Year’s; they don’t want to alter the status quo, traditions, or habits throughout the holiday season. They also don’t want their children to link the holidays with their parents’ divorce, which is clearly in their best interests. After some soul searching and meditation around this time, many people decide that they don’t want to spend another year with their spouse, and they file as soon as the holidays are over..
Are you thinking of getting divorced?
There are several compelling reasons to hold off until January.
Going through a divorce during the holidays can be emotionally demanding, which is why many individuals wait until January to do so.
“Over the holidays, people don’t want to upset the apple cart, and they want a tranquil Christmas, Hanukkah, or New Year’s.” “And then, because they don’t want to spend another damned year with that spouse,” says Alton Abramowitz, president of the American Academy of Matrimonial Lawyers, “as soon as the holidays are over, they pull the plug and file.”
While there are no clear figures on how many divorces are filed in January, Abramowitz says it’s undeniably a popular time to act, second only to September, when marriages end after the summer vacation. However, waiting for the holidays to pass isn’t only about having a peaceful Christmas season. There are compelling financial reasons to postpone your purchase until January.
1. Anticipating the bonus
Any year-end windfall from a spouse’s job is likely to be available to a husband or wife who waits until January.
“Anything you acquire after you file for divorce and specify the cut-off date is separate property,” says Steven Goldfeder, a matrimonial family lawyer in New York City, who admits that year-end bonuses are frequently contested over, even if a spouse proclaims he or she wants a divorce in January. “Someone could argue that the bonus isn’t truly for that year, but rather a payout to attract someone to stay at the company in the future.”
2. Calm down your feelings
The holidays are a period when people’s emotions are at their peak. “If your spouse is continuously thinking about how Christmas was destroyed,” Goldfeder adds, “she or he may not be as keen to settle with you.” “Your divorce could take months or years longer than it otherwise would.”
Goldfeder received a call from a client shortly before Christmas who stated a coworker had given birth to a baby they both thought was his. The client, a married father of three, intended to notify his wife and expected her to leave him. Goldfeder persuaded him to undergo a paternity test beforehand. The client’s family had a wonderful Christmas, and the next day he found out he wasn’t the father.
Although this isn’t exactly a happy holiday storey, by controlling your emotions, you may spare your family a lot of worry.
3. Avoid shopping disasters.
The holiday shopping season is upon us, which can signal disaster if an enraged spouse is given access to a credit card. According to Kevin Worthley, a professional divorce financial analyst and certified financial planner in Warwick, Rhode Island, “the spouse issued with divorce papers may feel that they deserve some kind of emotional gift because of this dreadful thing their partner did to them.”
An enraged spouse may feel compelled to empty the bank accounts and max out the credit cards. “That’s a risk at any time,” says Worthley, “but after the holidays, when everything’s been bought, there’s probably less of an inclination to buy a big-ticket item out of revenge.”
4. Consider April.
Taxes come to mind at the end of the year. “Obviously, the better records you have, the better position you’re going to be in,” says Andrew Katzenstein, a family lawyer in Los Angeles.
According to Katzenstein, who works with high-net-worth individuals, businesses, and charities, there haven’t been many tax benefits to filing for divorce in January rather than December in the past. After all, filing for divorce is just the first step. Until the divorce is finalised, many couples file their taxes jointly.
However, depending on how the US budget impasse is addressed in 2013, tax brackets may rise in 2013. As a result, the calculus may change in the future. “The individual who pays alimony will get more bang for their dollars,” he argues, “while the person who receives the payments will pay more taxes.”
5. More planning time
If you’ve decided that getting divorced is one of your New Year’s intentions, there are steps you can do right now. You should begin planning now, regardless of whether you will be paying or getting alimony.
“Start collecting all of your end-of-year statements,” Worthley advises. “You need to know everything: your household budget, your assets, what’s in your bank account, how much you owe on your mortgage, all of your bills, and your credit card balances.” It’s critical to obtain all of that.”
Your financial records will be required to determine the amount of spousal support to be paid and how the finances will be split. ” When it comes to negotiating and figuring things out, the more knowledge you have, the easier it will be.
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