Here Are the First Steps to Take Before You File For Divorce

You’ve thought hard about it and you are choosing to end your marriage. It can be a challenging and highly emotional decision, and figuring out what you need to do can seem daunting. 

As long as you are in a safe situation, there are things you’ll want to take care of before making a move to file. From financials to custody decisions to lawyers, there are things you’ll want to determine before filing to give yourself the best chance of a positive outcome. Here are the first steps you need to take before filing for your divorce. 

Figure Out Your Financials 

During a divorce, the judge will split marital assets between you and your spouse. You’ll want to ensure you know how much money you have and where you and your spouse have invested it to get your fair share of the financial assets. 

Assets include the money in your bank account, house, and car. You can expect the court to decide what happens with these assets. Other things to consider are retirement plans, inheritance, and other valuable belongings that may come into play during the divorce proceedings. 

Make a list of all the assets you have – individual or shared – and discuss these assets with your legal team. You’ll also want to determine any debt you and your spouse have, as they will likely put it on whoever is better off financially. If you aren’t sure about the amount of debt you have, you can request your credit reports from the three major credit bureaus. 

Get Proof of Your Incomes 

You’ll need proof of your and your spouse’s income to ensure a fair representation of it during divorce proceedings. 

If you are salaried employees, you’ll just need to collect your and your spouse’s pay stubs and most recent income tax returns. If one of you is self-employed, you’ll need copies of business and bank account statements to estimate your and your spouse’s income. 

Gathering as much proof as possible about your financial situation will help you prepare for future challenges. 

Build Your Credit 

Many married couples have built shared credit through their house and cars. Before filing, you will want to build up your credit score to apply for loans for cars and homes in the future. 

Easy ways to build credit include opening a credit card in your name or applying for a secured loan. 

Make Necessary Purchases 

When you file for divorce, a judge will likely prohibit you or your spouse from making any large purchases or getting rid of any shared property to keep you both from draining any bank accounts or getting rid of the desired property. 

While it’s good to avoid making any significant financial decisions while preparing to file, any major purchases or sales you’ve been meaning to make – like cars or homes – should be made before beginning the filing process. 

Think About Custody 

At the top of your mind, if you have kids, will be the custody agreement. Unless there is a rare exception, you and your spouse will likely have shared custody of your children. 

It’s hard to think about, but you need to look at your schedule and start thinking about what will make the most sense for custody. Think about your work schedule, your spouse’s schedule, and your children’s schools and activities. If the divorce is mutual, you may be able to sit down with your spouse and start working on a plan that is best for your children’s schedule. 

Decide Where You Will Live 

Before filing, you must decide whether you will stay in your home or move out. If the divorce is friendly enough, it could benefit you to stay in the house. If you choose to move into a rental or a friend’s home, your chances of being awarded the home will drop. 

If you have children, you’ll need to come up with an idea of where you will be living if you are not awarded custody. You will also need to express your desire to stay in the home to your spouse so you can come up with a solution before filing. 

Find a Lawyer 

Nearly 750,000 people divorced in 2019, and divorces need legal representation. Divorce lawyers provide mediation and arbitration services for couples looking to separate. Before filing for divorce, you need to do your research to find a lawyer you can afford and who will fight for what is in your best interest. 

You’ll want to discuss whether you want a traditional or collaborative divorce, your division of assets, and any custody arrangements you want to fight for. 

While you can represent yourself, having a lawyer who knows divorce proceedings will make the process go more smoothly and ensure you have everything you need to get a fair settlement. 

Preparing for a Divorce 

Preparing for a divorce is a difficult time for you and your spouse, but there is a reason you are making this decision. Take a breath and organize your assets, plans, and questions to present to your lawyer to create as smooth a process as possible.