Navigating Divorce During the Holidays: Your Complete 2025 Guide for Michigan Families
Today, we’re starting a series on divorce during the holidays. Each of the next 4 weeks, you will find a new blog addressing aspects of divorce and family law, with information and helpful tips to handle a tough situation during a stressful time of year.
The holiday season is supposed to be joyful, but when you’re going through a divorce, it can feel overwhelming. Whether you’re contemplating filing for divorce before the end of the year, managing your first holiday season post-separation, or trying to co-parent through Thanksgiving and Christmas, you’re not alone. Thousands of Michigan families face these same challenges every holiday season. Over the next 4 weeks, we’ll be addressing common issues with divorcing during the holiday season in Michigan.
This comprehensive guide addresses the unique considerations of divorce during the holidays, from practical co-parenting strategies to important year-end filing decisions that could impact your taxes and finances. If you’re in Wayne or Monroe County and feeling uncertain about how to handle this difficult time, we’re here to help you navigate it with clarity and confidence.
Should You File for Divorce Before December 31st? The Year-End Timing Question
One of the most common questions family law attorneys hear in October, November, and December is: “Should I file for divorce before the end of the year?” The answer depends on several factors unique to your situation.
Tax Filing Status: Why December 31st Matters
Your marital status on December 31st determines your tax filing status for the entire year. This is a critical consideration that could save or cost you thousands of dollars.
If your divorce is finalized by December 31, 2025:
- You cannot file as “Married Filing Jointly” for 2025
- You’ll file as either “Single” or “Head of Household” for 2025
- You lose access to potentially favorable married tax rates and deductions
- Your 2025 taxes may be higher than if you remained married through year-end
If your divorce is NOT finalized by December 31, 2025:
- You’re still considered married for tax purposes
- You can file “Married Filing Jointly” or “Married Filing Separately” for 2025
- You maintain access to married tax benefits for one more year
- You and your spouse will need to cooperate on tax decisions
Financial Considerations for Year-End Divorce Filing
Beyond taxes, several financial factors might influence your timing:
Reasons to file before year-end:
- Capital gains planning: If you’re planning to sell a home or significant assets in 2026, being divorced before 2026 might provide different tax treatment. Your marital status when assets are sold matters for capital gains calculations.
- Income changes: If you or your spouse expects significantly higher income in 2026, finalizing your divorce in 2025 could affect support calculations. Support orders are typically based on income at the time of filing.
- Health insurance: If you’re on your spouse’s employer health insurance, understand that coverage typically ends when divorce is finalized. Filing before year-end means finding new coverage during open enrollment, while waiting until 2026 might give you more time to secure alternative insurance.
- Year-end bonuses: If your spouse receives substantial year-end bonuses, filing early enough to include those in asset division calculations might be beneficial.
Reasons to wait until after the holidays:
- Tax benefits: Remaining married through December 31st preserves your ability to file jointly for 2025, which often results in lower taxes.
- Children’s emotional wellbeing: Avoiding divorce proceedings during the holidays can provide stability for children during an already emotional time.
- Time to plan: The weeks after New Year’s give you time to organize finances, gather documents, and make informed decisions without holiday stress.
- Better legal attention: Courts are less busy in January and February, and attorneys may have more availability after the holiday rush.
The Reality Check: Michigan’s Divorce Timeline
Here’s something many people don’t realize: even if you file for divorce tomorrow, it won’t be finalized before December 31st if you have minor children.
Michigan’s mandatory waiting periods:
- With minor children: 6-month waiting period from the date of filing
- Without minor children: 60-day waiting period from the date of filing
This means if you have children and file in October 2025, your earliest finalization date would be April 2026. You’ll still be considered married for 2025 tax purposes regardless.
If you don’t have minor children and file in early November, you might finalize before year-end, but it’s a tight timeline requiring cooperation from both parties and an uncontested divorce. The “should I file before December 31st” question is less about when your divorce finalizes and more about when you initiate the process and start the clock on statutory waiting periods.