The 55 Must Do’s on Your Modern Divorce Checklist

Divorce Checklist for the Modern Woman

O nce you’ve reached an internal decision to divorce, you probably wonder what the external steps to the process will entail. The truth is that your journey is just beginning, and in order to determine the best possible outcomes, you’ll want to be educated and prepared. You may find yourself exhausted searching the internet for answers, only to feel more confused than when you began. We understand this, which is why, drawing from our decade-long, divorce coaching practice, we’ve compiled our most thorough divorce checklist to help you stay focused on what’s important.

A few critical reminders before we get started: Never threaten divorce unless you are ready and organized to file. While you may be anxious to get started with your new life, it’s important that you hold off on filing until after you’ve worked through some of the important frameworks we outline below.

Also, if you have had a divorce thrown at you, do not agree to anything until you are legally informed of your rights and entitlements. Chances are your spouse has been planning this for a long time and you deserve time too to catch up with how things will be split and what is fair for you. Do not be pressured into agreeing to anything. This is most often a tactic on your spouse’s part to ensure the process takes place fast and before you can advocate for your rights.

Most importantly, do not begin with the list below if you are dealing with abuse. Instead, read our safety guidelines for leaving an abusive marriage. There are other, critical steps to take first.

For those ready to begin the work of getting educated and putting their plan into action, here is a holistic approach to supporting you — and the smart steps to take. Here are your 52 Must-Do’s on Your Modern Divorce Checklist.

Your first black and white steps…

1. Begin by getting a free credit report.

You’ll want to check it for any errors or open accounts that you may not know about. This will also prompt you to start paying attention to your credit score. You’ll want a good credit score, or work on nurturing one, so you can rent an apartment, qualify for a mortgage, or begin the process of establishing your personal financial identity. You can get a copy of your free, current credit report from Equifax, Experian, or TransUnion.

2. Open a checking and savings account in your name at a new bank.

Go to a bank that you and your spouse don’t currently use (—think fresh starts, so there’s no risk of any confusion between names and accounts). We also recommend you use a large institutional bank so you take advantage of the bank’s various complimentary services and professionals who can help you establish your independence, like mortgage specialists or certified divorce financial analysts and planners.

3. Open a credit card in your name alone.

This is another step toward building your personal credit. Research the best credit card for your lifestyle. Consider one that pays you back with cash toward your statement or cash to your savings.

4. Make a list of all your assets: everything you OWN individually and as a couple.

Don’t forget less obvious things like airline miles, perks, or reward points, and make sure you include any inheritances from before and during the marriage.

5. Make a list of your debt: everything you OWE individually and as a couple.

Don’t forget school loans and personal loans, and a list of anyone who owes you money, how much they owe you, and when they’re supposed to pay you back.

6. Track what is happening to marital debt.

According to divorce law in most states, you and your spouse are responsible for one another’s debt. You’ll want to lessen this potential burden.

7. Gather the past three years’ tax returns.

If you can’t get your hands on yours, contact the IRS for your transcripts or report (the latter costs but it’s what a lawyer would rather evaluate). And be careful with the IRS mailing the reports to your legal home address. Will your spouse get the mail first?

If you cannot access the financial documents, it’s not unusual. When you meet with the lawyer to discuss your circumstances (see below), you will share what you do know and ask the lawyer what happens when one spouse does not know anything about the finances in a divorce. (It’s more common than you think!)

8. Collect passwords to all financial accounts if you can access them.

You may need to access information in your financial accounts, so you’ll want to be sure you have passwords on hand.

9. Create or contribute more to your Emergency Fund.

An emergency fund is something you need throughout your life, but as you stand at this crossroads now, save cash by putting it to the side. You never know if you may have to reach for it in a hurry.

10. If You are a Stay-at-Home Mom (SAHM) Make Sure Your Emergency Fund Has 3 Months of Financial Reserves.

If you are the spouse with limited access to resources, make sure you have sufficient money saved to pay for three months of expenses. It’s not uncommon that the monied spouse will cut off the non-monied spouse financially during a divorce. (When you talk to a lawyer one of the questions you will ask about is temporary spousal support. (See #19.)

11. Write down your financial and non-financial contributions to the marriage.

Some contributions may be legally relevant and especially helpful to you.

Are there more documents you could organize as you head into divorce? Probably yes, but there’s no need to get ahead of yourself and do potentially needless work. So, wait. Unless a lawyer tells you otherwise, there are other things to tend to.

Practical To-Do’s on Your Divorce Checklist

12. Create a new dedicated email address for the divorce subject.

Make sure all your communications on the subject go to this email address alone. This makes things easier to keep organized and lessens your chance of being compromised by your spouse.

13. Consider the technology set up in your home and exercise caution.

While using a secret email address is recommended, it is not a full-proof method of keeping your communications safe. If, for example, your cell phone and computer system are backed up to a “family cloud” account, whoever controls the account may be able to read phone numbers you call or any text you send.

We suggest that you contact your computer company (like Apple, Dell, etc.) and mobile carrier service (Verizon, T-Mobile, Sprint, etc.) and talk to a representative to learn if your computer or cell phone could be compromised. We also recommend you ask the representative if there are other measures you could take to digitally protect yourself.

Secure any passwords to shared accounts (especially financial if possible) and your private ones (such as social media accounts). Change all passwords to your private accounts.

14. Maintain privacy on social media.

Do not post anything about your divorce on social media. It could be used against you. Plus, it’s no one’s business but your own.

15. Get a Post Office Box so you can receive important mail to a private safe address.

Give the address to your lawyer. If you can’t afford a PO Box ask a friend or family member if you can have your lawyer send information to their home.

If you’re not ready to act but really, only in the “contemplating” divorce stage, you’ll want to understand what you could be doing instead of just pondering and pondering. For healthy and smart steps to take, read our “36 Things to Do If You Are Thinking About Divorce.”

Clarify Who You Want to Be Through this Crisis

16. Early on, choose who you want to be as you go through the divorce.

This will help you remain civil and treat your spouse with respect. If your spouse is the father of your children, remember you still have many important moments and milestones in your future together—birthdays, graduations, weddings, reunions, and funerals. Trying to do the right thing now and throughout the process may not change your spouse’s behavior, but it will set a powerful example to your children who are watching and wondering how it will shake out.

17. If you have kids, keep them in your focus

The best person you can be will also be in alignment with keeping your kids (if you have them) front and center. If you are committed to going through the divorce in the healthiest way for them, it will mean doing what is also healthiest for youbecause they need a mama who is healthy and strong and thriving. (Are you now? No, we know.)

For you to discover what the healthiest way is, it will require your getting educated and putting your ducks in a row (and not just cracking and announcing you want a divorce!). This is why you are here reading this list, and are ready for more. You’ve organized documents and started taking black and white steps, and now, you’ve checked in with who you want to be.

Remind yourself, that person may be scared, but that person is strong.

Now you’ll learn about the law, your financial choices, how to talk to your spouse, and how to decide on parenting issues. You want to do all this if possible before you talk with your children. (Do not involve the children in your decisions making or encourage them to take sides. That is not fair. Your kids are not adults (even if they act it) and should not be burdened with your adult decisions.)

What’s most important to know about your kids today, and moving forward, is that the way you and your spouse break up (the degree of or lack of acrimony), and the long-term relationship you and your coparent have is what will determine the long term effect of the divorce on your kids. You’ll want to do your best to negotiate everything fairly with him* so you lessen the risk of emotional problems for them down the road. To know what’s fair it’s going to require your doing the work on this page.

And if you are divorcing a narcissist, this blog post in particular may help you stand straight as you face oncoming days: 41 Things to Remember If You are Coparenting with a Narcissist.

18. Identify who is going to help you through your divorce. Whom can you trust?

Certainly, you’ll consult with a divorce lawyer to learn your rights (see #19) , but beyond the legal or financial decisions, you’ll want someone who can give you perspective, help you problem-solve, hold space for you to be emotional or however you need to be – in confidentiality. Do you have a good friend who has both survived and healed from their divorce? Be careful of friends and family who mean well, but who can’t help sometimes leading with judgment.

Many find the objective and professional support of a therapist or coach to be the best, and in particular, a professional who is experienced with supporting people going through and recovering from divorce. If you are looking for a community with holistic support (that is guidance with the practical, legal, financial and emotional things you must navigate), consider an all-female educational and coaching program like Annie’s Group.

Legal Steps

19. Understand the value of a divorce lawyer.

No state requires you to use a lawyer for your divorce but it makes sense to protect your rights and interests. Chances are that neither you nor your spouse is a divorce attorney and when it comes to the many things that must be legally handled in a divorce, you don’t know what you don’t know.

For instance, you probably don’t realize that many divorce laws are designed to protect women and children. Which is why, this is not a time to be cheap with your life, nor trust what your spouse is telling you. While hiring an attorney will cost money, it may very well save you money and stress down the road. According to the research, recovering economically from divorce is usually harder for women than it is for men. This further reinforces what we know in our divorce coaching practice: if you are a woman, and especially a mother, you cannot afford to make mistakes with this financial negotiation.

20. Identify a local divorce attorney in your state (because divorce law varies from state to state), and schedule a consultation to hear what your rights are.

In this meeting you’ll learn what you are entitled to, and what the law would say about your specific circumstances and questions. Do not rely on what your spouse says. Do not rely on what your neighbor says. Do not rely on what the gang says in your Facebook Group. And be especially careful if your spouse tells you not to contact a lawyer or that you and he can “do this on your own.”

No. Talk to a divorce lawyer, also called a family law or matrimonial attorney. And many of them give free consultations todayso do some research to save yourself. You are worth it.

You can find a lawyer by consulting legal directories such as Avvo.com or Martindale-Hubbel.

21. Before the meeting, organize and prioritize your legal questions about the divorce, and gather 3 years of tax returns.

Your primary agenda for this first meeting with a lawyer is to get answers to your questions and to understand what type of divorce you might be facing. You will want to know what the divorce laws in your state say about how you and your spouse will split assets and debt (which depends on whether you are in a community property state or equitable distribution state); and how the custody of your children will be determined (if you have them). You will also ask specific questions that are weighing on you.

22. We recommend you ask a lawyer about these issues as well