So You Didn’t File in December. Now What?
Once upon a time, December was supposed to be the finish line.
You were going to get through Thanksgiving.
You were going to survive Christmas.
You were going to white-knuckle New Year’s Eve.
Then January would be your reset button.
And now it is January.
You are still in the same house.
Still having the same arguments.
Still walking on eggshells.
Still telling yourself, “I’ll deal with this later.”
We have all heard the old saying that the definition of insanity is doing the same thing over and over and expecting a different result. Now is the time to deal with it. Give counseling a try. If you are part of a faith family, speak with a pastor. To steal from Red in The Shawshank Redemption, get busy fixing your marriage or get busy getting single.
Timing Is Everything
In Tennessee, uncontested divorces have a mandatory waiting period.
No children means a sixty-day wait.
With children, it is ninety days.
That means if you want your divorce finished early in the year, January is now your filing window.
Not because lawyers like deadlines.
Because the law does.
Believe it or not, the law actually wants families to succeed. The waiting period exists to give people time to reflect and make sure this is truly what they want.
A practice point from me. Over the years, I have seen clients file simply to “wake up” their spouse and make them act right. This never works. Divorce is a life-changing legal event, not a behavioral warning shot.
Why People Wait Anyway
Most people do not wait because they are lazy.
They wait because hope is stubborn.
They wait because families gather.
They wait because kids get excited.
They wait because nobody wants to blow up Christmas.
So they tell themselves, “Let’s just get through one more holiday.”
Then January hits, and nothing is better.
Just quieter.
Colder.
Heavier.
The Cost of Waiting Is Real
This is the part that matters.
Waiting does not keep the peace.
It keeps you legally frozen.
Property stays tangled.
Debt keeps growing.
Parenting schedules stay vague.
Your ability to plan your own life stays stuck.
And while you are waiting, the court clock is not.
What You Do Now
You do not panic.
You do not spiral.
You do not wait until spring.
You get informed.
You sit down with someone who can tell you, in plain English, where you actually stand and what the timeline really looks like. You get your bearings before more months slip by under the disguise of “just trying to get through it.”
Lawyer Bill’s Advice
Hope is not a legal strategy. Waiting is not neutral.
And January is not a reset button unless you actually push it.
If you missed December, you did not miss your chance.
But you did miss your easiest window.
The sooner you act, the more options you still have.
And options are the one thing divorce always runs out of first.
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