When a California spouse determines that formally separating is better than staying in an unhappy marriage, a series of decisions and actions typically follow. Knowing what to do first and where to seek support can seem overwhelming. Creating a divorce planning checklist is a helpful way to organize thoughts, documents and assets, which can make the legal process less daunting.
It is often helpful if the spouses can sit down to discuss all relevant issues, such as whether one or both of them will move out of the house, where the children will live (if applicable) and how community property will be distributed. If an amicable discussion is not possible, a judge can make decisions on a couple’s behalf. Either way, a divorce planning checklist is a useful tool.
Consider these issues
There is no right or wrong way to create a checklist before heading to court for a divorce. Here are some examples to include:
- Current and future living arrangements, including who will cover expenses associated with the marital home if it is not being sold just yet
- An itemized list of assets (tangible belongings and finances) and debts
- Folder containing important documents, such as paperwork pertaining to real estate, estate planning, business, prenuptial or postnuptial contracts and more
- Cancellation of jointly owned accounts and establishment of private ones, including bank accounts, credit cards and postal accounts
- A list of needs and requests that will be made during proceedings
- Contact information for support resources, including an experienced divorce attorney
Make the checklist as detailed as possible and keep it on hand to refer to as additional steps are taken to settle a divorce.
Do not sign anything without full understanding and agreement
Working closely with a family law attorney helps alleviate stress, especially if legal complications arise, such as a spouse who is hiding assets. A divorce planning checklist can be used to make sure all needs are met, children’s interests are protected, and a proposed settlement is fair and comprehensive. An attorney acts as a personal advocate to ensure that a client receives all that he or she is entitled to in a divorce.