The new year is just around the corner – and so are many new divorces. Family law professionals and social scientists have come to regard the first working Monday of each new year as “Divorce Day” in the United States, thanks to a noticeable uptick in the number of new divorce filings or new clients seeking to initiate a divorce on that day.
The phenomenon is largely attributed to the fact that many couples try to hold a failing marriage together during the November and December holidays so that they don’t disrupt travel, family traditions or joyful celebrations for their children. Once the calendar turns, however, the idea of still being stuck in the same unhappy situation, though Valentine’s Day becomes abhorrent.
So, what should you be doing as the last few days of this year tick away if you want to initiate a divorce (or suspect that your spouse does)? Since January 5, 2026, is almost here, you need to prepare.
What to gather when you anticipate a divorce
What most people underestimate about the divorce process is the amount of paperwork involved. You need to locate and compile:
- Income records: Recent pay stubs, W-2s, 1099s and tax returns (last 2–3 years)
- Bank and investment statements: Checking, savings, retirement plans and brokerage accounts
- Debt information: Credit card statements, loan balances and mortgages
- Business records: Profit/loss statements, ownership documents if you or your spouse owns a business
- Tax filings: Prior year’s return and any supporting schedules
- Titles to real estate, vehicles, boats or similar
- Appraisals or recent valuations of high-value assets
- Documentation of personal property of significant value (jewelry, collections and art)
- Retirement account summaries and pension statements
- Marriage certificate and any prenuptial/postnuptial agreements
- Social Security numbers and birth certificates for you and your minor children
- Custody preferences or preliminary parenting plans if minor children are involved
You may also want to begin the process of mentally and physically separating what you can: Create a new email address, open a new bank account in your own name and change the passwords on all your social media, electronics and online accounts to protect your privacy from your spouse.
Divorce is never an easy process, but if you use the next few days to gather the following items, you can find yourself able to go through things with a strategic approach and less mental or emotional exhaustion: