What Steps Should I Take Before Filing for Divorce?

What Steps Should I Take Before Filing for Divorce?

Filing for divorce is one of the most challenging decisions you can face. It’s a pivotal moment, often marked by doubt, fear, and uncertainty about what comes next. But here’s the truth: with the right preparation, you can take control of the process and navigate this life-changing transition with clarity and confidence. Whether it’s understanding the legal steps, making critical decisions, or managing the emotional toll, being ready can make all the difference. In this post, we’ll guide you through steps you can take to start your divorce journey on the right foot.

Decide on an Approach

Divorce isn’t one-size-fits-all. Before filing, it’s essential to determine how you want to approach the process. Ask yourself important questions:

• Can you and your spouse agree on key decisions, or is conflict likely?
• Are you open to alternative methods, such as mediation or collaborative divorce, to try to avoid court?
• Do you feel ready to assert your needs and fight for a fair outcome if necessary?

For couples willing to work together, mediation or collaborative divorce can save time, money, and emotional strain. However, contested divorces—which involve unresolved disputes such as child custody, property division, or spousal support—often require litigation. Understanding your preferences will help you move forward.

Find a Divorce Attorney

An experienced divorce attorney is your most essential ally during this process. Even in seemingly straightforward divorces, receiving sound legal advice ensures you understand your rights and avoid potential missteps.

Start by researching attorneys who practice family law. Schedule meetings and pay attention to their experience, approach, and communication style. Your attorney should not only have deep legal knowledge but also offer empathy and guidance throughout this challenging time.

Think About the Children

In Illinois, divorcing parents are encouraged to create their own parenting plan outside of court before involving a judge. This allows you to work together and decide what is truly best for your children after divorce. That’s why it’s crucial to start thinking now about key issues like:

• Living Arrangements: Where should your children live? Will custody be shared, or will one parent have primary custody?  
• Visitation Schedules: How will time with each parent be divided, including holidays, school breaks, and special events?  
• Child Support: How will the child’s needs be met?

By entering divorce negotiations with a plan in mind, you can avoid confusion and help create a stable environment for your children during this challenging time.

Gather Essential Documents

Documentation is critical for building a case and successfully navigating the divorce process. Before filing, gather:

• Marriage Documents:
  • Prenuptial or postnuptial agreements
  • Your marriage license
• Financial Records:
  • Recent tax returns (last 3–5 years)
  • Bank and credit card statements
  • Pay stubs or income proof for both spouses
  • Retirement and investment account information
  • Mortgage, loan, and debt records
• Property Information:
  • Documentation for real estate ownership, appraisals, or deeds
  • Vehicle titles
  • Lists of shared and personal possessions

Store these documents in a secure location, such as a bank safety deposit box or an encrypted digital storage service. They’ll not only help your attorney understand your financial situation but also serve as evidence during the legal process.

Separate Your Life

Divorce requires separating both emotionally and practically. Consider these steps:

• Open New Accounts: Set up individual bank accounts and establish your financial independence while adhering to state laws.
• Update Email and Passwords: Change passwords for personal email, social media, and other online accounts to protect your privacy.
• Separate Bills: Redirect personal bills from joint accounts where possible.
• Secure Valuable Assets: Protect your meaningful belongings by keeping them in a safe place.

While it’s essential to separate your finances, avoid making rash decisions, such as transferring shared funds without consulting an attorney. Courts view this negatively and may penalize it during proceedings.

Consider Living Arrangements

Determining where each spouse will live after separation is another important task. If you share children, stability often dictates that one parent remains with them in the marital home.

If living separately is necessary, consider:

• Costs associated with renting or buying a new space
• Convenience and proximity to children, schools, and work
• Whether moving out could impact property division during the divorce process

Consult your attorney before making any decisions, especially if tension exists over property disputes.

Explore Employment Opportunities

Divorce can have significant financial impacts. If you’re not currently employed, now may be the time to start planning your economic future.

• Update your resume and start exploring job opportunities that align with your skills.
• Consider additional training or certifications to enhance employability.
• If you’re financially dependent on your spouse, discuss options for temporary spousal support with your attorney.

For stay-at-home parents or those who face challenges finding work due to health issues, spousal support can be crucial. Legal advice will help you understand what financial aid you’re entitled to.

You Can Do This

Preparation is invaluable when it comes to facing the emotional and practical complexities of divorce. By following these steps, you empower yourself to approach the process with clarity and confidence.

Remember, every situation is unique, so having legal support is essential. At SAM LAW OFFICE LLC, we are here to guide you through every step, helping you protect your rights and secure a fair outcome. From legal representation to practical advice for managing this life transition, we are committed to reducing your stress and achieving the best result for you and your family. Contact us today to start your divorce confidently!