Divorce Checklist: Steps to Take to File for Divorce

By Michael DiFalco
Partner

Deciding to file for divorce is an emotional and challenging decision. To help you navigate the process, we have created a comprehensive divorce checklist to ensure you take the necessary steps for a smooth and efficient experience. Following this guide can help reduce stress and confusion during this difficult time.

1. Gather Important Documents

Collect and organize all relevant financial, legal, and personal documents. These may include:

  • Bank statements and financial records
  • Tax returns, W2s and other tax documents 
  • Property deeds and mortgage documents
  • Retirement account statements
  • Insurance policies
  • Marriage and birth certificates
  • Wills and trusts
  • Employment records
  • Documentation of marital and separate assets

Having these documents readily available will make the divorce process more efficient and help your attorney gain a clear understanding of your financial situation.

2. Research and Choose a Family Law Attorney

Selecting the right family law attorney is crucial. Research potential attorneys, read reviews, speak with friends and family and schedule consultations to determine who is the best fit for your needs and your strategy. Consider factors such as experience, communication style, and availability when making your decision.

3. Develop a Financial Plan

Evaluate your current financial situation and create a post-divorce budget to ensure financial stability. This may involve:

  • Assessing your income and expenses
  • Reviewing your credit report
  • Opening separate bank accounts
  • Establishing credit in your name
  • Creating a savings plan

Having a solid financial plan in place will help you transition to life after divorce more smoothly.

4. Plan for Child Custody and Co-Parenting

If you have children, develop a child custody and co-parenting plan that prioritizes their best interests. This plan should address:

  • Legal and physical custody arrangements
  • Parenting time schedules
  • Holiday and vacation schedules
  • Decision-making responsibilities for education, health care, and extracurricular activities
  • Communication guidelines between co-parents

Having a well-thought-out plan can minimize conflict and provide a stable environment for your children during and after the divorce process.

5. Consider Mediation or Collaborative Divorce

Explore alternative dispute resolution methods, such as mediation or collaborative divorce, to minimize conflict and reach an amicable agreement. These options can save time, reduce stress, and keep the decision-making process within your control, rather than leaving it up to the courts.

6. Prepare and File Divorce Papers

Once you have taken the necessary steps and have a clear plan in place, consult with your attorney to prepare and file the required divorce papers with the court. Your attorney will guide you through the legal process and ensure all documentation is accurate and complete.

Navigating the divorce process can be challenging, but following this checklist can help you stay organized and prepared. If you’re considering divorce or need assistance with any step of the process, reach out to our experienced family law attorneys at Aiello & DiFalco.

About the Author
I am a partner at Aiello & DiFalco LLP, and my priority for my clients is to guide them through an arduous court case to provide them with the opportunity to write the next chapter in their life. I tailor my approach to each client’s priorities and positions, and to the extent that matters can be predicted, I will always provide a realistic perspective of how the law could be applied to the particular facts and circumstances of a case. Since I thrive on helping people and solving problems, I bring an optimistic and positive approach to practicing in a very difficult area of law. With more than a decade of experience handling hundreds of cases, I have the ability to get results on the issues my clients view as priorities. When cases or certain issues cannot be settled, I have a solid record of success at trials, hearings, and on appeals. Feel free to contact me for a free initial consultation, I am always available to help.