Divorce Checklist: Preparing for Divorce (2025)

How to Prepare for Divorce

Divorce is a complex process that untangles a married couple’s legal and financial relationship so their marriage can be dissolved. A divorce touches on everything the couple has, from pets to their credit card debt. Additionally, the couple must develop a plan for raising their children after the divorce.

The preparation for a divorce begins long before the divorce petition gets filed. The spouse who is planning to file a petition and their lawyer will work hard to prepare a sound petition that seeks a fair end to the marriage. The responding spouse and their lawyer will also work hard to protect their interests.

A divorce checklist can guide the parties’ preparation. This checklist will often include the following steps:

1. Examining Divorce Considerations

Some lawyers refer to divorce as the dissolution solution. In other words, dissolving the marriage, while drastic, can solve the unsolvable problems in a broken marriage. However, divorce is not the only option.

One of the first steps to preparing for a divorce is considering its alternatives. A spouse may want to create a “should I get a divorce” checklist that reviews all the other options.

An annulment may be an option to terminate an invalid marriage. Legal separation is an option in most states if the couple wants to remain married but live separately. Thus, before writing a “leaving your husband” checklist, a spouse should examine all the pros and cons of that option. For those in domestic partnerships, however, the process for separation can differ from that of a traditional marriage or annulment and may vary based on state laws.

2. Gathering Records

At the top of any divorce plan is gathering records. A judge can only consider matters documented by evidence. If you want something included in the divorce, try to find a record. Some important documents you may need for your divorce include the following:

• Marriage certificate
• Tax filings
• Income records
• Bank and credit card statements
• Mortgage and car loan statements
• Investment account statements, including those for retirement accounts
• Real estate deeds
• Vehicle titles
• Insurance policies
• Prenuptial agreement

One of the issues tackled in a divorce is property division. Each spouse keeps their separate property, such as:

• Property acquired before the marriage
• Inheritances
• Gifts
• Personal injury settlements and damage awards

Any remaining property is usually marital property. The marital estate is divided by the court using either community property or equitable division. Your attorney will also serve as your property division lawyer at this stage.

States that use equitable division will award each spouse a fair share of the marital estate. To make the shares fair, they may be unequal. For example, a spouse with health problems might get a larger share of the property.

Community property states award each spouse an equal share of the marital property. Instead of awarding property to smooth out unfairnesses, these states often use alimony to address unequal economic positions.

3. Meeting With a Lawyer

You should meet with a lawyer early in the process. The lawyer can provide divorce advice about additional steps to take to prepare for the process.

In this respect, your divorce checklist will be a collaborative process where you work on a few steps and then discuss the results with your lawyer. The lawyer can assess where you stand and explain the next steps in the checklist.

For example, two major issues addressed in a divorce are child custody and child support. If your child has special needs or health problems, you may need records to explain the situation to the court. A lawyer can review your situation and explain what you might need to build your case.

4. Determining Where to File

There may be situations where you can file in multiple jurisdictions. If your spouse moved to a different state, your lawyer might file the divorce papers in your state or your spouse’s state. You will need to discuss the strategic benefits and drawbacks of where you will file the divorce.

You may even have no jurisdiction where you can file. For example, residency requirements in Virginia only allow a spouse to file in Virginia after living there for six months.

If you and your spouse recently moved to Virginia, you might not be able to file in Virginia or your former state. In this situation, you should discuss temporary measures with your lawyer, such as living apart, and the risks and rewards of that strategy.

5. Identifying How to File

All states allow no-fault divorce. In a no-fault divorce, you do not need to give a reason for divorcing other than a broken marriage. Some states only allow no-fault filings. In these states, this is the only reason you can give for divorce.

For example, in Florida, you can only file a no-fault divorce or a divorce on the grounds that your spouse has been found mentally incapacitated by a court for at least three years.

Some states allow either fault or no-fault divorce. Choosing to file for cause, such as adultery or abandonment, may require evidence to prove your reasons for seeking a divorce. For example, the grounds for divorce in New Jersey include fault-based reasons, such as incarceration, but they also include no-fault grounds.

However, the marriage must be irretrievably broken for at least six months to file for a no-fault divorce in New Jersey. Thus, either type of filing will require evidence and planning.

Learn More About the Divorce Process From ConsumerShield

A divorce might be the most emotional and complex legal matter most people experience. ConsumerShield helps spouses plan for their divorce by explaining their rights and referring them to a lawyer. Contact us for a free case review.