The first half of the calendar year tends to see the most divorce filings, and those cases also tend to take longer. Does that make summer and fall a more efficient time to file?

Co-parenting app Custody X Change surveyed 1,000 people in the U.S. who had divorced since 2021. No customers were known to be involved. 

The survey results show that two-thirds of U.S. divorce cases are filed in court during the first half of the calendar year. 

These divorces tended to take longer. Specifically, divorces filed in spring (March, April or May) took a median of 11 months to finish. Divorces filed in the second half of the year — one-third of all cases — tended to be shorter.

Why most filings occur in the first half of the year

Although the Custody X Change survey did not ask how the person (or their spouse) chose when to file for divorce, some general preferences are apparent. People may lean toward divorce in the early months of the year because of:

  • The holidays. Spouses grin and bear it through Christmas for the kids’ sake, but as soon as the festive season is over, they’re ready to call it quits.
  • The tax year. One spouse looks at their personal finances as of December 31 and starts to imagine how the numbers might be different if they were divorced. Plus, if they get a tax return in the spring, it can help with legal expenses.
  • The school year. When the kids are midway through their school year or looking toward wrapping it up, they’re as settled into their routine as they can be. Parents often think this is the best time to tell the kids about the divorce.
  • The weather. Spouses who feel restless indoors in January and February may fantasize about meeting someone new. They may also tend to have these thoughts as the weather warms up and they start getting out of the house more.

By contrast, the slower pace of summer (often allowing spouses some distance from each other) may make it seem less urgent to end a marriage. This period is often followed by a whirlwind of back-to-school, cooling weather, and winter holiday planning that leaves little time for divorce paperwork.

Considerations for filing later in the year

A married U.S. person is picking a less crowded time to file for divorce if they do so between July and December.

There can be some advantages to this. For one thing, summer may be the ideal time for breaking the news to the kids, as they’ll have fewer distractions and can begin to absorb it before returning to school. Divorce paperwork may also move faster if it reaches the court at a less congested time.

However, there can be disadvantages. One spouse (or the court) may not permit the other to dip into the bank account or credit card, which may curtail plans for a fancy summer vacation or expensive extracurriculars. Further, some court staff may take summer vacation, and the spouses, their lawyers and mediators may also move more slowly.

The timing of a divorce filing can affect moving plans. In some states, no-fault divorce requires a period of separation, which means at least one spouse must move out of the house — if not before filing, then as a condition of finalizing the divorce. So, as someone plans to move out, they should consider that May through August is peak apartment rental season. More apartments are available then, with more competition and higher prices.

Why some people file immediately and others plan ahead

Many people file for divorce whenever they feel emotionally ready to do so or when they have an urgent need. Filing gets the spouses in line for the court to consider a child custody dispute or a looming financial problem. Filing before your spouse can also have some advantages.

Starting a court case is also a way to formally record the breakdown of a marriage. Even if someone isn’t yet ready to proceed with the whole divorce, filing now may prove useful later. It starts ticking down the clock in places that require a minimum period of separation, and it lets the court know how long you’ve had certain arguments.

For those people, filing as soon as possible may be their best option.

However, some people contemplate divorce for a while before acting. The Custody X Change survey results suggest that filing between late summer and winter may give them the best chance of a quick court case.