Divorce Checklist: Everything You Need Before You File

Preparation is the difference

The people who get through divorce with the least stress, the lowest legal bills, and the best outcomes all have one thing in common: they were prepared. This checklist covers everything you should gather, do, and understand before you file.

You don't have to do all of this in one day. Work through it at your own pace. Check things off as you go.

Financial documents

These are the most important items to collect. Your attorney will ask for all of them, and having them ready from day one saves significant time and money.

Income:

• [ ] Pay stubs (last 3 months, both spouses)
• [ ] Tax returns (last 3 years, federal and state)
• [ ] W-2s and 1099s (last 3 years)
• [ ] Business income statements (if self-employed)
• [ ] Social Security statements

Bank accounts:

• [ ] Checking account statements (last 12 months)
• [ ] Savings account statements (last 12 months)
• [ ] Money market and CD statements
• [ ] Joint and individual account balances

Investments and retirement:

• [ ] 401(k) and IRA statements
• [ ] Pension documents
• [ ] Brokerage account statements
• [ ] Stock option or RSU documentation
• [ ] Cryptocurrency holdings

Debts:

• [ ] Credit card statements (all cards, last 12 months)
• [ ] Mortgage statements
• [ ] Auto loan documents
• [ ] Student loan balances
• [ ] Personal loan agreements
• [ ] Medical debt records

Property:

• [ ] Deed to your home
• [ ] Recent property tax assessment
• [ ] Home appraisal (or Zillow estimate as a starting point)
• [ ] Vehicle titles and registration
• [ ] Valuable personal property inventory (jewelry, art, collectibles)

Legal documents

• [ ] Marriage certificate
• [ ] Prenuptial or postnuptial agreement
• [ ] Any existing court orders
• [ ] Powers of attorney
• [ ] Wills and trust documents
• [ ] Immigration documents (if applicable)

Children and custody

If you have minor children, custody will be a central part of your divorce. Start organizing now:

• [ ] Children's birth certificates
• [ ] School records and contact information
• [ ] Medical records and insurance information
• [ ] Childcare provider details and costs
• [ ] Extracurricular activity schedules and costs
• [ ] Current parenting schedule (who does what, when)
• [ ] Notes on each parent's involvement in daily care

DIVORSAY's Custody Tracker helps you log parenting time and generate reports that your attorney can use to build your custody case.

Insurance

• [ ] Health insurance policies (who's covered, costs, employer vs. marketplace)
• [ ] Life insurance policies (beneficiaries, cash value)
• [ ] Auto insurance policies
• [ ] Homeowner's or renter's insurance
• [ ] Umbrella policies

Digital and account access

• [ ] List of all shared accounts and passwords
• [ ] Shared subscriptions (streaming, software, memberships)
• [ ] Shared cloud storage (Google Drive, iCloud, Dropbox)
• [ ] Loyalty points and rewards balances

Personal preparation

These aren't documents — they're actions that protect you during the process:

• [ ] Open an individual bank account (if you don't have one)
• [ ] Establish or check your individual credit score
• [ ] Change passwords on personal email and accounts
• [ ] Set up a private email for divorce-related communication
• [ ] Identify a therapist or counselor (for you and your children)
• [ ] Research family law attorneys in your area (at least 3)
• [ ] Understand your state's residency requirements
• [ ] Learn your state's grounds for divorce
• [ ] Check your state's mandatory waiting period

Before you file

• [ ] Run your finances through ClearSplit™ to see how assets and debts might divide
• [ ] Upload key documents to Evidence Vault (encrypted, private, organized)
• [ ] Take the Freedom Compass assessment to understand your readiness
• [ ] Schedule consultations with 2-3 family law attorneys
• [ ] Create a personal budget for post-divorce living expenses
• [ ] Identify your priorities (custody arrangement, keeping the house, retirement assets)
• [ ] Tell one trusted person about your plans

What NOT to do before filing

• Don't move out without legal advice (it can affect custody and property rights)
• Don't hide or move money (judges don't look kindly on financial games)
• Don't post about your divorce on social media (everything is discoverable)
• Don't make major purchases or take on new debt
• Don't destroy documents, emails, or text messages
• Don't sign anything your spouse presents without attorney review

The power of being ready

Walking into your first attorney meeting with an organized file and a clear understanding of your finances doesn't just save money — it changes the dynamic of your entire case. You go from reactive to proactive. From overwhelmed to prepared.

That's what this checklist is for. Use it, check things off, and when you're ready — you'll know.

---

Related Reading

• The First 7 Things to Do When You Decide to Divorce — Where to start when the decision is made
• How to Prepare for Divorce Financially — Build your complete financial picture early
• How to File for Divorce: State-by-State Guide — Residency, paperwork, and filing steps
• The First 48 Hours After Deciding to Divorce — A calm guide to your first two days
• Tool: ClearSplit™ — Free divorce asset calculator
• Tool: Evidence Vault — Encrypted document storage and organization

---

This is legal information, not legal advice. Every situation is unique. For guidance specific to your circumstances, consult a family law attorney in your state.