Five Steps to Prepare for a Divorce Filing

Even before consulting a divorce professional, you should plan to understand the extent of your marital estate by taking on an accounting of your assets, debts, and real property. In most states, your marital estate will consist of any assets and debts you and your spouse acquired during the marriage. Your marital estate would not include anything obtained via a gift or inheritance or before your marriage. Exceptions will apply when assets were acquired before the marriage, but both partners began making payments towards that asset, such as in the case of a shared marital home. At this stage, it’s a good idea to make a list of all your assets and debts and consider speaking with accounting, real estate, or appraisal professionals to get an idea of the total value of your assets.

Similar to getting a sense of your marital assets, you’ll want to begin gathering all records that showcase the extent of your assets and finances to start a divorce proceeding. These might include financial documents such as deeds to real property, tax returns, loan documents, brokerage and retirement accounts, and any similar financial information. Documents demonstrating income, such as pay stubs or invoices, as well as the cost of monthly living expenses, such as a mortgage, rent, car payments, school tuition, and more, will also be crucial, so the court can evaluate your future financial needs when dividing assets or making decisions about child custody and alimony.

If you have minor children who will need care, begin documenting their daily routines, and take note of which parent is responsible for each task. Between school, extracurricular activities, doctor’s appointments and social calendars, accounting for your children’s needs is an important component of any divorce proceeding. Doing so will allow you to take stock of what you would like to request in terms of child custody and support, which is often one of the most contentious points in a divorce.

Once you decide to file for a divorce, you must be prepared for your spouse to cut you off financially. They will likely be unwilling to continue to give you access to their bank account until the court has settled your case. Plan accordingly by making sure you have made a budget and set aside some savings.

While you’re preparing to sort out the details of your divorce, plan to stay off social media and avoid posting pictures of you out with friends, on vacation, or with a new lover. While you may think these images are harmless, your soon-to-be former spouse may use them as ammunition in a divorce. Keep your personal life private while you’re sorting out the details and avoid any unnecessary drama during the divorce.