11 Things to Do Before Filing for Divorce

Most people marry to remain together for the rest of their lives. In reality, 50 percent of U.S. marriages end in divorce, and roughly 1 in 4 married people have thought about divorce in the last six months.

On average, it takes two years from the time a person starts thinking about divorce to the time they actually file. But what happens once the decision to divorce is made? There are at least ten things to do before filing for divorce, so we have included 11 steps to take before divorce for those considering ending a marriage. 

Filing for divorce is a single step in the process of divorcing a spouse. Ideally, it is not even the first thing to do when getting a divorce. Creating a planning checklist for divorce and a divorce settlement agreement can help ex-spouses stay organized, think clearly, and break the seemingly overwhelming process into manageable chunks. 

Some of these steps to take before divorce may need to be started 6–12 months before filing, if not sooner. Some steps may be more challenging once you file and your spouse knows your intent. Every situation is unique, but the things to do before divorce apply to many people in a broad range of scenarios.

One of the very first things to do before filing for divorce is to find a good divorce lawyer. Many people contemplating divorce put off talking to a lawyer until they’re ready to file.

A reasonable divorce attorney will not try to sway a person one way or the other. Instead, they will provide the potential client with the information needed for the best decisions moving forward. Talking to a family law attorney about how to prepare for a divorce can help sort out many of the pre-divorce matters and help avoid major pitfalls. Among the questions a family law attorney can help to answer are:

Seeking divorce tips can help a person clarify goals, understand rights and obligations, determine a need for litigation, and make informed choices about what to fight for and compromise.

Understanding your state’s laws on child custody, shared parenting time, asset division, and debt sharing can guide future conversations with your soon-to-be former spouse. An attorney can also recommend other key advisors, such as financial experts, asset evaluators, child psychologists, and tax specialists. 

Consider interviewing two or more attorneys before deciding which one to hire. Look for someone who fits your communication style, listens carefully, understands your goals, and is qualified to handle the unique elements of your case. This is the person with whom you will be placing a lot of trust and with whom you’ll be working closely through one of the most emotionally and financially consequential times in your life. And you will definitely know what to do before divorce.

In cases involving domestic violence or other bad behavior as grounds for divorce, the court may require evidence to award financial support and custody of children or prevent issues during negotiations. 

Knowing what to do before divorce can help you gather appropriate documentation for any behaviors your state recognizes as proper grounds for separation. Some state statutes require a reason for divorce, often from a pre-approved list. 

One primary function of divorce is identifying which assets and liabilities rightfully belong to which spouse and how to divide them fairly. To identify the things to do before filing for divorce, spouses need a clear picture of where they stand financially. 

Pull records of debts, such as mortgages, student loans, credit cards, collection notices, and others. Gather evidence of monthly expenses, such as childcare costs, groceries, utilities, home, vehicle maintenance, etc. In addition, be sure to gather all login credentials for each of your accounts. This will help you organize essential things to do before you file for divorce and give the court or the lawyers a good idea of the fairest way to divide everything.

If you have a prenuptial agreement, find your copy and make a digital scan for backup if you haven’t already. That agreement can have a powerful impact on future proceedings. 

Divorce can be expensive, and the aftermath typically requires each spouse to get by with fewer resources. Consider establishing credit in your own name. It’s also a good idea to set a budget for yourself and save whatever you can. 

Sharing parenting responsibilities and time with the children is every parent’s right unless they present a threat of harm. Therefore, the best option is to sign a custody agreement that will clearly outline the role and responsibilities of each parent.

Draft the ideal child-sharing schedule that best fits your circumstances, keeping in mind that the other parent will have significant input. Any final plan will need to be approved by the court, which will be guided by what is in the children’s best interests.

Every state has its own rules for child custody after divorce. The final decision depends not only on the law in the parent’s jurisdiction but also on the family’s circumstances. Some presume joint custody is equally shared parental responsibility and parenting time. Some favor maternal custody for unmarried mothers but will give equal rights to both parents if they are married.

Even legal presumptions are starting points that can be successfully overcome. Barring evidence of abuse or neglect, family law courts generally consider regular, continued contact with both parents to be in the children’s best interests. In determining custody and parenting time, the following factors are usually weighed: 

Most people understand that there can be negative financial consequences associated with divorce. When couples divorce, each former spouse again becomes individually responsible for supporting themselves and possibly the children. Often, the marital home and all other financial assets are divided. Unless the couple had a prenuptial agreement, one spouse might be legally required to support their former spouse. 

Some states have guidelines for calculating how much spouses are required to pay depending on such things as assets before the marriage, what each spouse contributed to the marriage, and the current financial situation of each spouse.

Therefore, create a plan for what you believe would be an appropriate amount of alimony or spousal support and how you think everything should be divided appropriately. Although you might not get what you want, having a plan based on your state’s laws with help from an experienced attorney can prove invaluable.

The statutes for alimony, legal counsel, financial support, custody over children, and more can vary from state to state.

For example, some states require a legal separation before a spouse can legally file for divorce. Therefore, the things you need to do before filing for divorce might include a legal separation, which often requires documents to be accurately submitted to the court. 

You didn’t build the life you and your spouse share overnight, so separating won’t be simple. If possible, consider taking some of the following baby steps before you file to help avoid potential consequences later: 

When you file for divorce, you may feel more than ready to move out independently. However, barring an abusive situation, it may be a good idea to wait until you speak with a lawyer.

Moving out can have a negative impact on later decisions regarding property division and child custody/parenting time. Knowing the financial and legal implications of moving out can help you to make the most beneficial choices. 

You probably have good reasons for wanting a divorce. Those reasons may include hurtful, deceitful, upsetting, annoying, unfair, or even abusive behavior by your spouse. However, sharing these things on social media can adversely impact your divorce.

As easy as it may be to share your grievances with a larger audience, doing so could hurt your court case, especially if you have children. Therefore, keep your conflicts with your spouse off social media before and during a divorce. 

Divorcing can be hard, no matter how ready you are to end your marriage. Feelings of isolation and trauma can overwhelm even the spouse who has decided to file for divorce.

Surround yourself with people you can lean on to help you feel less alone, make it easier to let go, help you overcome grief, and motivate you to emerge stronger. The healthier your mental state, the more prepared you will be to face whatever is next. 

At first, consider reaching out only to your most trusted family members or friends. If you don’t have someone close to you, look for support groups for sharing experiences. The internet makes this easier, but be sure that you can share confidentially. Lastly, consider investing in the help of a professional counselor or therapist. These sessions can sometimes even be done virtually now. 

Divorce may be difficult, but with careful planning and discussions with an experienced family law attorney on what to do before filing for divorce, you can make the transition as seamless as possible. Before you file for divorce, take the time to consult with an attorney, figure out what statutes apply in your state, collect your evidence, and prepare your documents. Most importantly, you will want to start separating your life from your spouse’s so that you will not be as entangled when it comes time to file. 

Elizabeth Rozin Golinder is the Owner and Managing Attorney at Rozin Golinder Law, LLC. She has dedicated her career to the exclusive practice of matrimonial and family law. She has worked with a dynamic set of clients ranging from the indigent to the high profile and high net worth. She understands her clients' hardships when they turn to her for help. Attorney Rozin-Golinder recognizes that each case is unique with its facts and issues.