Preparing for Divorce

When it’s time to get started, you're not alone.

Preparing for a divorce can be complex and emotional, touching on the most intimate aspects of one’s life and future. It’s essential to understand the legal and financial implications of divorce while also considering the well-being of everyone involved, particularly when children are affected.

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Everything you’ll likely need to guide you

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Everything in Essential, plus add'l tools for more complex cases

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Everything in Premium for you and your spouse, lawyer, or financial advisor

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Frequently Asked Questions

Begin by gathering important financial documents including tax returns, bank statements, investment accounts, credit card statements, mortgage documents, and retirement account information. Open an individual bank account in your name only if you don’t have one. Make copies of important documents and store them securely. Start documenting household expenses to understand your budget needs. Consider consulting with a divorce attorney to understand your rights and options in your state.

Organize these essential documents to ensure full financial disclosure:

Income & Tax Documents:

  • Past 3-5 years of tax returns
  • Recent pay stubs and W-2s
  • Documentation of bonuses, commissions, or self-employment income

Asset Documentation:

  • Bank statements for all accounts (checking, savings, money market)
  • Investment and brokerage account statements
  • Retirement account statements (401k, IRA, pension)
  • Property deeds and mortgage statements
  • Vehicle titles and loan information
  • Insurance policies (life, health, auto, home)

Debt & Liability Information:

  • Credit card statements for all accounts
  • Student loan, personal loan, and business loan documents
  • Any other outstanding debt information

Having organized financial records is crucial for property division negotiations and meeting legal disclosure requirements during divorce proceedings.

Take these proactive steps to safeguard your financial position:

Account Management:

  • Close joint credit cards or remove your spouse as an authorized user
  • Open individual bank and credit card accounts in your own name
  • Monitor joint accounts regularly for unusual activity
  • Consider freezing your credit to prevent unauthorized accounts

Financial Behavior:

  • Avoid making large purchases or financial decisions unilaterally
  • Document your income and expenses carefully
  • Maintain or improve your credit score
  • Keep copies of all financial statements and transactions

Professional Guidance:

  • Consult with a financial advisor who specializes in divorce
  • Understand the implications of different asset division scenarios
  • Create a realistic budget for your post-divorce life

These protective measures help ensure you enter divorce negotiations from a position of financial awareness and security.

This depends on your specific situation. Some couples continue living together during divorce proceedings for financial reasons, to minimize disruption for children, or because neither can afford to move out immediately. Others separate earlier for safety reasons, to reduce conflict, or to begin emotional healing. Consider factors like safety, financial feasibility, impact on children, and your emotional wellbeing. If you do continue living together, establish boundaries and consider a written agreement about household responsibilities and expectations.

Choose a private, calm moment when you’re both relatively rested and not rushed. Be direct but compassionate. Avoid blindsiding them if possible. Use “I” statements rather than blame. Be prepared for a range of emotional reactions. If you fear an unsafe reaction, tell them in a public place or have support nearby. Consider writing down what you want to say beforehand. Be clear about your decision if it’s final, rather than leaving false hope. If appropriate, suggest couple’s counseling to help navigate the conversation and transition.

Understand that courts prioritize the best interests of the child above all else. Familiarize yourself with custody types: physical custody (where the child lives) and legal custody (who makes major decisions). Joint custody arrangements are increasingly common. Document your involvement in your children’s daily care, school activities, and medical appointments. Never use children as messengers or put them in the middle of disputes. Consider what parenting schedule would realistically work with your job and living situation. Be prepared to create a detailed parenting plan outlining schedules, decision-making, and dispute resolution.

Divorce preparation timing varies widely based on complexity of assets, presence of children, level of cooperation between spouses, and whether you’re gathering information before informing your spouse. Simple cases with few assets and no children might require 1-2 months of preparation. Complex cases with significant assets, business interests, or custody disputes may need 3-6 months or more. Use this time to organize finances, research legal requirements in your state, consult with professionals, and prepare emotionally.

While not always immediately necessary, consulting with an attorney early can be valuable even if you don’t hire them right away. Many attorneys offer free or low-cost initial consultations where you can learn about your rights, understand the process in your state, get advice on next steps, and determine if you need full representation. For simple, uncontested divorces with no children and few assets, you might manage with less or no legal help. For contested divorces, complex finances, or custody issues, hiring an attorney early is typically advisable. Using a tool like Onward can help you get organized and ready to make the most out of your time with your attorney or consultant.