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Checklist: Steps to Take When You’re Getting Divorced
This checklist is a general guide. Some steps may vary depending on your individual circumstances and the complexity of your divorce. Consult a legal professional for personalized advice.
Before Filing for Divorce
Research divorce laws in your state: Understand the specific laws and requirements for divorce in your jurisdiction.
Organize financial documents:
Bank statements: Gather statements for all bank accounts.
Tax returns: Obtain copies of your last few years of tax returns.
Investment and retirement accounts: Gather statements for stocks, bonds, IRAs, 401(k)s, etc.
Real estate documents: Include deeds, mortgage statements, and property tax information.
Loan and credit card statements: Gather information on all debts.
Insurance policies: Obtain copies of health, life, auto, and homeowners/renters insurance policies.
Use Trustworthy: Once you’ve gathered your important documents, you can store them on Trustworthy for easy access in the future.
Create a personal budget: Assess your financial situation and plan for life post-divorce.
Evaluate joint accounts: Consider whether to close or separate joint accounts to protect your finances.
Consult a divorce attorney: Seek legal advice to understand your rights and responsibilities.
During the Divorce Process
File for divorce: Work with your attorney to file the necessary paperwork to initiate the divorce.
Determine living arrangements: Decide who will stay in the marital home and who will move out.
Create a temporary parenting plan (if applicable):
Custody arrangements: Determine where the children will live and visitation schedules.
Child support: Establish temporary child support if needed.
Discuss spousal support: Consider whether alimony or spousal support will be part of the agreement.
Inventory marital assets and debts:
Assets: Make a list of joint and individual assets, including real estate, vehicles, and valuables.
Debts: List all debts, such as mortgages, car loans, credit cards, and personal loans.
Negotiate property division: Work with your attorney to negotiate a fair division of assets and debts.
Update legal documents:
Wills and trusts: Revise your will and any trusts to reflect your new circumstances.
Power of attorney and healthcare proxy: Update these documents if your spouse was previously designated.
Consider mediation or collaborative divorce: If possible, explore less adversarial methods of resolving disputes.
Communicate respectfully: Maintain respectful communication, especially if children are involved.
Completing the Divorce and Next Steps
Settle custody and support arrangements (if applicable):
Child custody: Ensure all custody arrangements are clear and in writing.
Child support: Confirm the child support amount and payment schedule.
Spousal support: Verify any alimony amount and payment terms.
Update your financial accounts:
Bank accounts: Close or separate any remaining joint accounts.
Credit cards: Remove your ex-spouse from any shared credit cards.
Insurance policies: Update beneficiaries and coverage if necessary.
Investment accounts: Make sure all investment accounts are updated to reflect your new status.
Change your name (if applicable): If you wish to change your name, update your Social Security card, driver’s license, passport, and other important documents.
Notify relevant parties:
Employer: Update your employer on changes to your marital status for tax and benefit purposes.
Schools and childcare providers: Inform them of any changes to emergency contacts or custody arrangements.
Medical providers: Update your records with any new insurance information.
Establish a new estate plan: Revise your estate plan to reflect your new circumstances, including any changes to beneficiaries.
Update online accounts and passwords: Change passwords and security questions for all personal and financial accounts to ensure privacy and security.
Emotional and Social Considerations
Seek support: Consider joining a support group or seeking therapy to help cope with the emotional impact of divorce.
Communicate with children: Be open and honest with your children, providing reassurance and support throughout the process.
Build a support network: Lean on friends, family, or support groups for emotional support and practical help.
Plan for the future: Set personal and financial goals for your post-divorce life.
Long-Term Considerations
Re-evaluate your insurance needs: Assess whether you need to update or change health, life, or other insurance policies.
Monitor your credit: Keep an eye on your credit report to ensure no unauthorized accounts or activities have been made in your name.
Rebuild your financial stability: Focus on saving, budgeting, and rebuilding your credit score if necessary.