Patrick M. Noe, Jr., Attorney at Law

Patrick M. Noe, Jr. Attorney at Law

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716-803-8741

January is the month for resolutions including getting divorced

Many people look to January as a month to get their lives started on a new footing. For many, this means deciding to leave their marriages. This is one of the reasons why January has been dubbed by many as "Divorce Month".

A spokesperson for the National Association of Divorce Professionals (NADP) notes that divorce appears to be a seasonal phenomenon. They note that while many married couples steer clear of divorcing during the time between Thanksgiving and New Year's, there is an uptick in their efforts to file immediately following these holidays. There's also an uptick in filings right after Valentine's Day and in August when kids go back to school.

NADP's research shows that many of the couples who do decide to file for divorce in January don't do so as a spur of the moment decision. Spouses who end up filing to end their marriages have often long been unhappy in their relationships. They've often pondered divorce for many months.

A 2013 Institute for Divorce Financial Analysts study revealed that the three top reasons couples divorce is due to money problems, infidelity or incompatibility. A fizzling out of feelings and the introduction of children into the mix also contribute to the breakdown of marriages.

There are some tax benefits associated with filing for divorce in January. It matters what your marital status is at the end of the year. This impacts whether you have to file a return as a married individual or if you can do so as a single, head of household filer. If you split up in January and local laws dictate that filing for divorce is the same as separating, then you may be able to file your taxes earlier in the year than you'd otherwise be able to.

If there's one thing that you should know about divorce, it's that the end of a marriage can seldom be negotiated and finalized in a day. Couples must often sit out a waiting period in New York before their divorce can be finalized. There are financial, child custody and support matters that must be worked out before a Williamsville couple can submit a proposed settlement to judge. Your family law attorney can help you broker an agreement with your ex to help move your divorce case along through the legal system.

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Patrick M. Noe, Jr.
1301 North Forest Road, Suite 2
Williamsville, NY 14221

Phone: 716-803-8741
Fax: 716-565-1575
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