29 Sep How to Prepare for Separation: A Guide to the Divorce Process
How to Prepare for or Start Separation Proceedings
Separation and/or Divorce can be one of the most challenging and emotional decisions of a client’s life. While the process may seem daunting, thorough preparation and understanding the steps involved can make things feel less overwhelming. Here’s a guide to help you prepare for separation proceedings.
- Evaluate the Situation
Before initiating a separation, we recommend that clients evaluate their situation both emotionally and practically. Divorce is not simply a legal separation; it is a significant change that will impact one’s life, children (if you have any) and finances. To reflect on this decision carefully, we recommend that clients seek counseling to explore whether reconciliation is an option if they have not already done so.
- Gather Financial Documentation
One of the most critical steps in preparing for divorce is gathering and organizing all financial documentation. A family lawyer and/or mediator will need a clear understanding of the finances to negotiate agreements regarding property division, child support and spousal support. Here are a few documents you should collect in preparation for your meeting with counsel:
- Tax returns for the last 3 years
- Bank statements (checking, savings, investment accounts)
- Pay stubs or proof of income
- Credit card statements
- Mortgage or lease agreements
- Retirement accounts and pensions
- Loan documents (auto, personal, business)
- Monthly expenses and household bills
- Life insurance policies
Having this information ready ensures that a lawyer can properly assess your situation and helps avoid delays during the proceedings.
- Understand Your Legal Rights
Consider speaking with a family lawyer early in the process to get advice tailored to your situation. A family lawyer can help you understand:
- Parenting and Guardianship rights
- Division of Family Property, including assets and debts
- Child Support
- Entitlement to Spousal Support
- Options as to how best to settle your matter
- Strategy moving forward
- Obtain Emotional Support
Separation can be an emotional rollercoaster and it is essential to seek support during this time. Surround yourself with friends, family and/or a counselor who can offer support. We often recommend that clients have their children attend with a child psychologist or counselor who specializes in this area to ensure that the children also feel supported during this time.
If you are considering separating from your spouse, the lawyers at YSM Family Law would be happy to help you navigate the this process.