Why So Many People File for Divorce When Kids Go Back to School
A Closer Look at Timing, Strategy, and Texas Family Law
At The Barrows Firm in Southlake, we consistently observe a surge in divorce filings in late August and early September. While it may seem like a coincidence, the back-to-school period often represents a practical and emotional threshold for many families. For parents considering divorce, the start of a new school year is more than a calendar event; it’s a strategic and often deliberate time to initiate major life changes with minimal disruption to children.
Understanding why so many people wait until after summer to file for divorce reveals much about family priorities, legal strategy, and the real-world impact of timing on custody, support, and stability. It also highlights the importance of working with an experienced Texas family law attorney to make informed decisions that align with the best interests of both the parents and the children.
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Parents Want to Protect Their Children From Summer Disruption
For most parents, summer is a time of flexibility, travel, and family-centered activities. Children are out of school, which often means extended time at home or on vacation. In many families, summer break brings a change in pace and an opportunity for bonding. Even in homes where the marriage is strained, there is often a desire to preserve the summer experience for the children without introducing the emotional weight of a divorce.
Parents who know a divorce is coming may decide to postpone the filing until after the summer to shield their children from disruption. These parents often share the belief that summer should be preserved as a period of normalcy and positive memory-making, particularly if the divorce is likely to change the family dynamic significantly.
While there is no perfect time to separate or divorce, delaying the filing until school resumes allows children to enjoy their summer without being caught in the middle of an emotional or legal battle. It also spares parents from having to explain complex family changes at a time when children are otherwise focused on fun, camp, or family trips.
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Summer Offers Time to Prepare for the Divorce Process
For the spouse who plans to file for divorce, the summer months are often used as a time of preparation. Without the pressures of school schedules and academic obligations, there is more time to discreetly gather information, meet with an attorney, and organize one’s affairs. Many people use this time to consult with financial advisors, collect documentation of assets and debts, and consider their goals for child custody and support.
In Texas, divorce can involve significant planning, especially when children are involved. Parents need to think about conservatorship (the legal term for custody in Texas), possession and access schedules, child support, and division of marital property. Under Texas law, courts presume that joint managing conservatorship is in the best interest of the child unless one parent can show otherwise. This means it is critical for a parent to understand what evidence may be necessary to support claims for primary custody or limited visitation for the other parent.
The spouse preparing to file may also use the summer to observe the other parent’s behavior, particularly their parenting practices. If there are concerns about substance abuse, neglect, or emotional instability, summer may provide the opportunity to document those issues in a way that could be relevant in court proceedings. In high-conflict cases, this can become part of a larger legal strategy.
Emotional Readiness and the “Fresh Start” of a New School Year
Resource Article: Getting Ready for Back to School: A Parent’s Guide for a Smooth Transition
The beginning of the school year is also symbolic. It represents a return to structure, stability, and productivity; not just for children, but for parents as well. After a summer of reflection, many individuals find themselves ready to move forward emotionally. For those who have been enduring a difficult or emotionally draining relationship, the start of the academic year can feel like the right time to take control of their life and begin the process of legal separation.
From a practical standpoint, school provides children with structure, distraction, and emotional outlets. Teachers, counselors, friends, and routines serve as a support system, making it easier for children to process the changes in their home life. In contrast, summer offers far fewer outside supports and distractions for children, which can amplify their stress if a divorce occurs during those months.
For parents who have been unhappy in their marriage, the fresh start of a school year aligns with their own emotional timeline. The contrast between the quiet tension of summer and the predictability of the fall season often highlights deeper issues in the relationship and confirms the need for a formal end to the marriage.
Legal and Procedural Considerations in Texas
Texas law does not require fault for divorce, but the state allows both no-fault and fault-based grounds. Many couples choose to file for divorce on the basis of “insupportability,” meaning the marriage has become insupportable due to conflict that destroys the legitimate ends of the marital relationship. However, in some cases, fault such as adultery or cruelty may be alleged to influence the division of property or conservatorship.
Filing for divorce at the beginning of the school year also provides a clear timeline for temporary orders. In most Texas divorces, especially those involving children, a court will issue temporary orders that establish who stays in the marital home, how the parents will share time with the children, and who will pay support while the divorce is pending. Filing early in the school year ensures that these issues are addressed well before the holidays and gives the family time to adjust.
Courts in Texas will always make custody decisions based on the best interests of the child. Factors that can influence these decisions include the child’s emotional and physical needs, each parent’s parenting abilities, the stability of the home environment, and any history of family violence or substance abuse. Filing in the fall provides more time to present evidence and negotiate terms before the holiday season or the end of the school semester.
Coordinating Divorce with the Academic Calendar
Another reason families often initiate divorce proceedings in the fall is the alignment with the academic calendar. For example, if one parent wants to move out of the family home or relocate within the school district, doing so at the start of the school year minimizes mid-year disruptions. Texas courts are generally reluctant to approve moves that significantly alter a child's schooling unless the change is clearly in the child’s best interest.
At The Barrows Firm, we work with parents to create possession and access schedules that complement the school calendar and accommodate extracurricular activities, holidays, and summer vacations. Filing in the fall allows ample time to create parenting plans that reflect the full school year ahead, rather than scrambling to make temporary arrangements later in the year.
For families with teenagers, coordinating possession schedules with school and work commitments becomes even more important. Having a clear parenting plan in place early in the academic year helps avoid conflicts, miscommunications, and disruptions to the student’s education and social life.
The Importance of Legal Guidance
Navigating a divorce in Texas requires more than paperwork. It demands thoughtful legal strategy, clear communication, and an understanding of each family’s unique dynamics. At The Barrows Firm, we recognize the emotional and logistical challenges of timing a divorce around a child’s school year. We help clients weigh their options, protect their rights, and make decisions that promote long-term stability for their children.
Attorney Leslie Barrows brings years of experience guiding families through divorce, custody, and support matters in Southlake and throughout Tarrant County. Whether you are preparing to file or responding to a petition, it is essential to understand how the law applies to your situation and to work with an attorney who prioritizes both legal outcomes and family well-being.
If you are considering filing for divorce now that the school year has begun, reach out to schedule a confidential consultation. The decisions you make today will shape your family’s future, and we are here to help you move forward with clarity, strength, and confidence.
