Divorcing Before the Holidays? Here’s What to Expect in San Diego Courts

Divorce is rarely easy, but when it happens just before the holidays, the emotional and logistical challenges can feel even more overwhelming. Between family gatherings, financial stress, and end-of-year scheduling, filing for divorce in late fall or early winter adds a unique layer of complexity.

If you live in San Diego or San Diego County and are considering filing for divorce before the holidays, it’s important to understand how local courts handle these cases, what delays or limitations you might encounter, and how you can prepare yourself and your family for the process ahead.

Why Some People Choose to Divorce Before the Holidays

Filing for divorce before the end of the year may sound stressful, but many people have good reasons for doing so.

Some common reasons people often mention for filing for divorce before the holidays include:

Financial planning: Finalizing or initiating a divorce before year-end can affect tax filings, property division, or financial disclosures.
Starting fresh: For some, beginning the process before January feels symbolic, so it becomes a way to start the new year with a clean slate.
Child custody needs: Parents may want to establish or modify holiday visitation plans in time for upcoming celebrations.

While these are all valid reasons, and it’s just as valid to file for divorce before the holidays because you simply want a divorce, it’s equally important to be realistic about how timing affects your case and what to expect once you file.

How San Diego Family Courts Operate During the Holiday Season

San Diego’s family law courts operate on a standard schedule for most of the year, but things tend to slow down between November and early January due to limited availability, staff holidays, and heavy caseloads.

If you are going to file for divorce before the holidays, keep in mind:

Reduced availability and court closures: The San Diego Superior Court typically closes for state holidays such as Veterans Day, Thanksgiving, Christmas, and New Year’s Day. Some divisions also operate on limited hours the week between Christmas and New Year’s. You could experience longer processing times for new filings, hearings, and paperwork during this time of year.
Scheduling delays: Judges, court clerks, and family law facilitators often manage a surge of cases in late fall. Because many people prefer to resolve family disputes before year’s end, it’s common to face delays in hearing dates or response times from the court. If you need a temporary order, such as for child custody or spousal support, you should file as soon as possible to avoid unnecessary waiting.
Mandatory waiting periods still apply: Even if your divorce is uncontested, California requires a six-month waiting period from the date the divorce petition is served before a judgment can be finalized. Filing before the holidays does not speed up this timeline, though it can get the process started before the new year.

Emotional Considerations During a Holiday Divorce

The holiday season can be emotionally charged even in the best of times. For separating spouses, this period can heighten stress and uncertainty, especially if children are involved.

Common emotional challenges when divorcing during the holiday include:

Navigating family traditions: Deciding who spends which holiday with the children can feel difficult, especially during the first year after separation.
Financial strain: Gift-buying, travel, and seasonal expenses can complicate budgets that are already stretched by the divorce process.
Loneliness or guilt: It’s normal to feel sadness about the disruption of family routines or to worry about how the divorce affects your children.

Many parents find that establishing clear boundaries and predictable routines helps children adjust. Creating new traditions, even small ones, can also make the season feel less stressful and more positive.

What Happens to Custody and Holiday Visitation

If you and your spouse share children, one of the first questions you’ll face is how to handle holiday visitation. San Diego family law courts typically encourage parents to agree on a temporary schedule if a permanent custody order is not yet in place.

Common arrangements for custody and visitations in the holidays include:

Alternating holidays each year (for example, one parent has Christmas Eve this year, and the other has it next year).
Splitting holidays (such as morning with one parent and afternoon with the other).
Alternating full weeks during winter break if children are out of school.

If you cannot agree on a temporary plan, the court may step in and make an interim order based on the child’s best interests, prioritizing stability and fairness to the child.

Managing Financial Issues Before the Year Ends

Divorces filed near the holidays often come with added financial concerns, such as:

Tax implications: Whether you file as married or single depends on your marital status as of December 31. Consulting a financial advisor or tax professional early can help you make informed decisions.
Gift and bonus income: Holiday bonuses, gifts, or end-of-year commissions may be considered part of the marital estate and subject to disclosure.
Temporary support orders: You may request temporary spousal or child support orders to maintain financial stability while the case proceeds.

San Diego courts typically require both parties to file preliminary financial disclosures, which include income, property, and expenses. Doing this early, even before the holidays, can help avoid disputes and delays later.

Need Help for a Divorce Before the Holidays? Call Now.

Divorcing before the holidays can be challenging, but with preparation and realistic expectations, it’s entirely manageable. Understanding how San Diego’s family courts operate during this time, and what issues tend to arise, can help you plan ahead and minimize disruptions to your family’s routines. If you want or need any help figuring things out, come to Bremer Whyte Brown & O'Meara. We can sit down with you, go over your situation, and explain your options based on what to expect when filing in San Diego before the holidays.

Call (949) 229-8546 and request an initial consultation with our firm. Thank you.