5 Things to Know Before Filing for Divorce

By Lawbrarian Editorial Team

Published

Summary

Filing for divorce is a major decision. Here are five important things you should understand before starting the process.

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1. Understand Your State's Residency Requirements

Every state has residency requirements before you can file for divorce. Most require that at least one spouse has lived in the state for a minimum period, typically 6 months to 1 year. Filing before meeting this requirement can result in your case being dismissed.

2. Know the Difference Between Contested and Uncontested Divorce

An uncontested divorce is when both spouses agree on all major issues including property division, child custody, and support. These are typically faster, less expensive, and less emotionally draining. A contested divorce involves disputes that may need to be resolved through mediation or trial.

3. Gather Financial Documents Early

Before filing, compile comprehensive financial records: tax returns, bank statements, retirement account statements, property deeds, vehicle titles, and credit card statements. Having these ready will expedite the process and ensure fair division of assets.

4. Consider the Impact on Children

If you have children, their well-being should be a top priority. Courts use the "best interests of the child" standard for custody decisions. Consider how different arrangements might affect your children and be prepared to propose a parenting plan.

5. Consult with an Attorney Before Taking Action

Even if you plan for an amicable divorce, consulting with a family law attorney can help you understand your rights, potential outcomes, and strategic considerations. Many attorneys offer free initial consultations.