Checklist: Preparing for Divorce

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Good planning is the key to making things go smoothly, whether it's a work project or getting together with friends. Planning for any legal action is necessary, too. Divorce is definitely something where planning ahead can make a difference for either spouse.

Be in Control

Divorce is one of the most stressful situations you'll ever go through. But with some careful planning, and the help of a good attorney, you'll make it through just fine.

Here's a list of things you can do to make the process as smooth as possible.

Get the Help You Need

  • Hire a lawyer you can trust. Remember, this person should make you feel comfortable. Find the right one for your situation. Some lawyers only work with people who are initiating divorce, some work only with people on the receiving end. Do you know if it might be a civil divorce, or are there many issues and you want someone who will fight and stand up for your rights? Beware of conflicts of interests as well.
  • Take care of your health. It's a stressful and emotional time, so your physical and emotional well-being might be at risk. See your doctor if you're not feeling well, and don't be ashamed to talk to counselor or a close friend to help ease the stress and worry.

Documents and Information are Important

  • Gather financial documents and papers. Track down any kind of financial records for you and your spouse, including tax returns, pay stubs and investments.
  • Collect real estate and other documents. Papers relating to property ownership and personal property are important. While it's unlikely that you'll fight over your clothes, an antique brooch from the man's side of the family could quickly become a heated debate. Know whose name is on the titles for any houses, land, cars, boats or other vehicles.

Get Your Finances In Order

  • Open separate checking and credit accounts. Separate your paychecks and any other joint accounts from your spouse's as soon as possible. Get a credit card in your name and start using it to build your own credit rating and history. Be careful not to overspend, and pay off the balance each month.
  • Get your own insurance. Look into getting separate health insurance. This might be difficult in some states, but it doesn't hurt to check.
  • Work on a budget. Figure out how much money will come in and how much will go out each month. If you and your spouse both work, you'll need to know how far your single income will take you after the divorce. Consider looking for a new job now if you don't think your current income is enough.
  • Check on beneficiaries. Find out when you can change the beneficiary of any life insurance, retirement funds or other "named accounts" out of your spouse's name and into your name or your child's name. You may have to wait to until after the divorce or you may need your spouse's permission.

Know Where You're Going

  • Find a new place to live. Even if it's with a friend or relative, not being in the same place is always better. Be sure to lay down some ground rules about communicating and sharing the residence if you can't find some place else to live during the divorce
  • Stay close. It may be important to stay in the same general area, especially if you and your spouse have children. Even if your move is only temporary until the divorce is final, moving out of your current school district may cause unexpected problems.
  • Find out if temporary means permanent. Before you move out temporarily while the divorce is pending, talk to your attorney about whether you'll waive or give up any property rights you have in your home.

Focus on Your Children

  • Make child custody, visitation and support as smooth as possible. Children are often the most discussed part of a divorce and can lead to some of the worst fights. Make important decisions regarding any children or other dependents as quickly as possible.
  • They feel the stress, too. Watch for changes in your child's behavior, health and performance at school. Get them professional help as soon as possible if you notice any problems.
  • Revise your will. Don't wait until the divorce is final to do this. Talk to your attorney about who will care for your children in the event of your death.
  • Record your activities. Write down when you visit with your children, for how long, what you do with them and how much money you spend for clothing, food and entertainment. This may be important later if there's a fight over child custody, visitation or support.

Next: Plan for After the Divorce

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Related Resources on Lawyers.comsm
- Find a Divorce Lawyer in your area and read Selecting a Family Law Lawyer
- Need a Form? Access hundreds of Do-it-yourself forms to get you started
- Read How To Divorce Like an Adult and Do I Need a Reason to Get Divorced?, or access more Divorce articles and information
- Visit the Legal Forums for discussions on Divorce topics
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- Legal Dictionary