Filing for a divorce is never easy and it can take a mental toll on your health. Besides the emotional stress, there are many financial and legal matters to consider as well. If you have decided to proceed with a divorce, it’s important to take a few essential steps before finalizing your decision.
These essential steps can help you protect your interests and make the process smooth. Here are some essential steps you should take before filing for divorce.
1. Consult with a Divorce Attorney
One of the first things you should do before filing for divorce is consult with a divorce attorney. Even if you’re not ready to take legal action immediately, an attorney can give you a better understanding of the process and what to expect. They can explain your rights, help you navigate state laws, and offer advice tailored to your situation.
Each state has different rules regarding divorce, so having an experienced divorce attorney guide you through the specifics of your case is invaluable. They can also help you understand potential outcomes regarding child custody, division of property, and alimony.
2. Get Your Financials in Order
Divorce can significantly affect your financial future, so it’s crucial to organize your finances before filing. Start by gathering important documents like bank statements, tax returns, investment accounts, and information about debts.
It’s also a good idea to open a separate bank account if you don’t already have one, as this will give you financial independence throughout the divorce process. You might want to start setting aside money for potential legal fees or other expenses that could arise.
3. Evaluate Living Arrangements
Before filing for divorce, you’ll need to consider your living situation. Will you stay in the marital home, or will you move out? If children are involved, how will their living arrangements be handled? The decision you make now can impact future custody arrangements and the division of assets.
If moving out is necessary for your safety or peace of mind, talk to your divorce attorney about how this could affect your case. In some situations, leaving the home could complicate property division or give the impression that you’ve abandoned the family.
4. Understand Your Custody Goals
If you have children, custody will likely be one of the most important—and emotional—issues in your divorce. Before filing, it’s important to think about your goals regarding child custody and visitation. Consider what arrangements will work best for your children and how you want to handle shared responsibilities with your spouse.
Be prepared to discuss your custody goals with your attorney, as they can guide you through the process and help you understand how the court may view your case. Keep in mind that courts always prioritize the best interests of the child, so it’s essential to approach custody discussions with that mindset.
5. Organize Your Estate Documents
If you have a will or estate planning documents then it’s better to sort them out before finalizing the divorce. Planning for a divorce can significantly change your estate planning needs, especially if you don’t want your spouse to be in charge of your assets.
Consulting with a probate lawyer can help ensure that your estate plan is updated according to your new circumstances. An experienced probate lawyer can guide you if you need to make any changes to beneficiary designations, such as insurance policies.