5 Things to Do Before Filing For Divorce

Once you've made the difficult decision to divorce your spouse, you may want to file for divorce right away to get through the process as quickly and painlessly as possible. Rushing into filing can create difficulties down the road that could result in a longer, more difficult divorce process, so make sure you're prepared before submitting any official paperwork to the court.

1. Figure Out Your Finances

One of the most difficult things in most divorces is figuring out how you and your spouse will separate your finances and assets. Put together as much documentation as you can related to your and your spouse's incomes, bank accounts, investments, real estate, vehicles, debts, credit cards, retirement accounts, and any valuable items such as jewelry and artwork.

Some courts will issue an order prohibiting you from changing legal documents, selling assets, or making major purchases once you file for divorce. If you plan to sell or purchase a vehicle, alter your will, or make changes to any financial accounts, finalize those transactions before filing your divorce paperwork.

Draw up a post-divorce budget so you have a clear picture of how you'll handle your living expenses and debts before you file. This information will help your attorney decide on a strategy to help you divide your assets and debts in a way that's fair and beneficial to you.

2. Take Stock of Joint Accounts

Joint accounts can create issues during a divorce if one spouse decides to drain an account of money or run up large credit card bills, so discuss every shared account with your divorce lawyer prior to filing if at all possible.

Take the high road, and don't pull large sums of money out of a joint bank account. If possible, avoid using joint credit cards until your attorney has advised you on whether to leave the accounts open or close them.

3. Assess Your Living Situation

Figuring out your living situation before filing your divorce paperwork can avoid disputes over real estate down the line. Ideally, you and your spouse will decide together on where each of you will live and whether one of you will remain in the home you shared, but with emotions running high, you might not be able to come to an agreement.

Don't agree to leave your home unless you feel you may be in danger if you stay or you have another secure living arrangement in place.

4. Decide on Your Ideal Custody and Support Arrangements

Coming to an agreement regarding custody of your children and child and/or spousal support is difficult for many divorcing couples. Before you file, write down your ideal plan for when and where your children will live with or visit each parent and whether you plan to seek or pay child or spousal support. Consider your work schedules, the proximity of your and your spouse's homes to your children's school and other activities, your children's regular expenses, and both parents' incomes.

While you may have to compromise somewhat, having a clear idea of exactly what you want will help your attorney seek a legal arrangement as close to your ideal plan as possible.

5. Consult With a Divorce Attorney

The most important and beneficial thing you can do before filing for divorce is to speak with an experienced divorce attorney. Divorce law can be complicated, and navigating the legal system is easier with an attorney on your side who knows the law and how it applies to your unique situation.

Bring as much documentation and information to your consultation as you can. Be open and honest with your attorney about any relevant issues in the marriage, such as adultery or abuse, your financial situation, and anything that affects your children, including custody arrangements and child support.

No matter what type of divorce you face, the family law attorneys at Hazlett & Associates can help you through the process to make beginning this new chapter of your life as smooth as possible. Contact us or information on setting up a consultation to tailor a divorce plan to your personal needs.