Deciding to file for divorce is not an easy decision. Whether you’ve been considering it for months or the decision came suddenly, preparing ahead of time can make a difference in how smoothly the process unfolds. A well-thought-out divorce checklist can help you stay organized, protect your financial interests, and make sure you’re emotionally and legally prepared before filing.
1. Gather and Organize All Financial Documents
A divorce checklist should always start with finances. Divorce involves dividing property, assets, and debts, and being organized gives you a clear advantage. Before filing, you should gather:
- Bank statements (checking, savings, investments)
- Tax returns for the past 3-5 years
- Pay stubs or proof of income
- Mortgage and property documents
- Retirement account statements (401(k), IRAs, pensions)
- Credit card statements
- Loan documents (car loans, personal loans, business loans)
- Insurance policies (life, health, home, auto)
Having these documents in order ensures your divorce checklist is off to a strong start, and it helps your Austin divorce attorney understand the full financial picture. However, if you do not have access to these documents or are unable to obtain them, do not worry. Once you proceed with the divorce, there are legal methods your attorney can use to obtain all of these documents.
2. Document Your Property and Household Items
Dividing property is one of the most contentious parts of divorce. A comprehensive divorce checklist should include documenting all marital property — and ideally, documenting items in your home before anyone moves out. Use photos, videos, and lists to record:
- Furniture
- Electronics
- Appliances
- Artwork
- Jewelry
- Collectibles
This can help avoid disputes later and provide evidence if there are disagreements about what existed and who should receive what.
3. Consider Your Children’s Needs
If you have children, it’s important to gather key information about your children to help create a clear and workable custody plan. Texas courts focus on the best interests of the child, so having thorough documentation as part of your divorce checklist will help strengthen your case.
Start by collecting:
- Birth certificates
- School records (report cards, attendance, teacher notes)
- Medical records and information on any special health needs
- Extracurricular activity schedules
- A record of your daily involvement (school drop-offs, homework help, medical appointments, etc.)
- Calendars
This information helps show your role in your child’s life, which is imperative when it comes to negotiating custody and parenting time.
Prepare for a New Parenting Agreement
For many parents, the most difficult part of divorce is figuring out what life will look like for their children. Take time to consider their emotional needs, daily routines, and long-term well-being. Consult with your divorce attorney regarding options regarding customized possession schedules. Share all concerns you have regarding the children or the other parent so that additional specialized provisions or protections will be included.
4. Protect Your Credit and Monitor Your Debts
Protecting your financial health should be a key part of your divorce checklist, as divorce can often uncover unexpected joint debts or financial complications. Steps to take include:
- Pulling your credit report
- Opening personal bank and credit accounts
- Monitoring accounts for unusual activity
- Reviewing and updating beneficiaries on retirement accounts and insurance policies
Taking proactive steps during your divorce checklist to protect your credit and stay ahead of potential debt issues can help protect your financial stability both during and after your divorce.
5. Evaluate Your Living Situation
A thorough divorce checklist should also consider your living arrangements during and after the divorce. Will one spouse stay in the marital home, or would it be better for one or both of you to relocate? As you evaluate your options, consider:
- Whether you’ll need temporary housing during the divorce process
- Convenience and proximity to your work, your children’s school, and your support network
- Affordability and how your post-divorce budget will impact your housing choices
These decisions will shape your next chapter, so taking time to think through your options now can help you make the best choice for your future. Your divorce attorney can also help you work though issues regarding temporary finances and housing.
6. Review Your Estate Planning Documents
One important step that’s often overlooked during divorce is reviewing and updating your estate plan. As part of your divorce checklist or following your divorce, you should review and update:
- Your will or trust
- Powers of attorney
- Healthcare proxies
- Beneficiary designations
You want to make sure your assets go to the right people and that someone you trust is handling your affairs if needed.
7. Consult with an Austin Divorce Attorney Early
Divorce is a life-changing event, but with proper preparation, you can navigate it with greater confidence and control. This divorce checklist provides a guide for you to lay a strong foundation for your case.
At Deyerle Silva Smith, our Austin divorce and family law attorneys understand the challenges you’re facing, and we’re here to guide you every step of the way. If you’re considering divorce in Texas, reach out to us for a consultation. We’ll review your divorce checklist with you, answer your questions, and help you take the first step toward your future.