California Divorce Preparation Checklist

Preparing for divorce or separation is daunting. During this time, you may feel an influx of emotions and be confused about where to begin in the process. Understanding your divorce options and knowing what you’ll need to get in order is the first step in going through the process with clarity and peace of mind. It’s important to stay organized at this time which is why we’ve created a divorce checklist to help you.

Once you have learned of your options and made the decision to divorce in California, some “pre-filing” work needs to get dine.  We have prepared a pre-divorce preparation checklist. If you have any questions while reading, please schedule a phone call with us. We’re highly experienced family law experts who can help you determine the best route to take for your unique situation. 

California Divorce Preparation Checklist

Consider your living arrangements

Before asking your spouse for a divorce, you will first need to consider your housing arrangements. California family law does not allow a spouse to get court orders for 60, 90 days (or more) until after making a formal request.  You will need to be prepared to have your housing and finances ready to sustain this time frame before possibly getting an order for child and/or spousal support. Have a plan for where you will stay after you have the conversation, including with whom the children will primarily will reside at the outset. It’s important to plan for this financially and logistically. You may need to make budget adjustments to help you during the transition.

Ask for the divorce calmly

The next step in the process is to calmly inform your spouse of your decision (unless domestic violence is involved…If you or a loved one are experiencing domestic violence and need assistance, call your local hotline or the National Domestic Violence Hotline at 1-800-799-SAFE (7233) or TTY 1-800-787-3224.  We can assist with these issues as well through the court process.)When asking your spouse for a divorce, it is critical to follow a few steps to ensure the conversation remains as calm as possible.

The most important things to do are remain calm, pick a time of day that gives you both time to process the information appropriately, prepare for the conversation, consider your partners emotions, and have a plan for afterwards.

Make copies of important financial documents

Start collecting important documents such as bank records, credit card statements, trusts, wills, mortgage statements, tax information and more. Most financial institutions do not keep records beyond 5-8 years, so your copies of older documents may be the only place they exist.  They could be vital in the outcome of issues in your case.  Make copies of any and all important records in your possession. If possible, stash them away in a safety deposit box or with a trusted friend for added peace of mind.  If you do not know if it is an important document, save it to discuss with your attorney.

Open a PO Box 

For important legal and financial documents, you’ll want a secure PO box. Head to your local post office to open one up in your name only. You can select a trusted friend to go with you and list their address as the alternative.

Hire a family law attorney 

Before you make any critical steps in the process, consult and hire an attorney that you trust. There are countless options for top divorce attorneys in San Diego, but you should go with the attorney that you feel will represent you best and with whom you are comfortable. We are always here to discuss your personal situation to determine if we’re a fit for you, so don’t hesitate to reach out to us.

Open a secure bank account and credit card 

Be sure to open a bank account that only you have access to. You’ll want to do the same with a credit card. Divorce and family law experts like us can further instruct you on your legal right to withdraw funds from your joint bank account. Contact us to better understand your financial options. 

Communicate the news with your children

If you have children, you’ll want to follow these steps for calmly breaking the news. 

Get the necessary forms ready

You’ll need several forms when filing for divorce. These forms vary by state. Forms needed for divorce in California.

Seek emotional support 

Whether through a professional therapist or a trusted friend, you will need considerable emotional support as you go through your separation and divorce. We have several incredible Marriage and Family Therapists (MFT), Licensed Clinical Social Workers (LCSW), and psychologists that we can refer you to during this time of need. If you need help in this area, please drop us a line for a confidential conversation.

Going through a separation or divorce is never easy. We understand that you are feeling mix of emotions and uncertainty, and we hope this gives you guidance during the initial stages of the process. If you have any additional questions about your personal pre-divorce checklist, contact us. Our team is here to support you.