In California, preparing for divorce means organizing financial documents, understanding custody and support rules, choosing the right legal process, and planning for life after divorce. Key steps include gathering records, assessing assets and debts, securing health insurance, protecting personal information, and knowing when to seek legal guidance.
Divorce is not just an emotional decision—it is a legal process with deadlines, paperwork, and long-term financial consequences. Missing a document or misunderstanding your options can delay your case or affect custody, support, or property division.
This checklist outlines the 12 essential steps to prepare for divorce in California, helping you stay organized, informed, and prepared from start to finish.
Working with an experienced Los Angeles divorce attorney early in the process can help you avoid costly delays, protect your financial interests, and make informed decisions from the beginning.
You do not need to do everything at once. Take this one step at a time.
Want a printable version?
Download the free Divorce Preparation Checklist (PDF) to keep these steps handy as you move through the process.
Step 1: Gather Important Divorce Documents
Before filing for divorce in California, gather all key documents related to your marriage, finances, and property. Having these records ready will save time, reduce disputes, and put you in a stronger position from the start.
Marriage Documents
- Marriage certificate
- Prenuptial or postnuptial agreements
- Life insurance policies
- Any prior separation agreements
These documents establish the legal framework of your marriage and are often required early in the process.
Financial Documents
- Bank and credit card statements
- Tax returns (at least the last 2–3 years)
- Loan documents
- Retirement and investment account statements
Accurate financial records are essential for property division and support decisions.
Legal and Personal Records
- Deeds, titles, and property records
- Immigration documents (if applicable)
- Business records if either spouse owns a company
Once these documents are organized, you are in a much stronger position for your first legal consultation.
Step 2: Assess Your Financial Situation
Before filing for divorce, identify all assets, debts, income, and monthly expenses. This includes bank accounts, retirement funds, real estate, credit cards, loans, and business interests. Accurate financial information is essential for fair property division and support decisions.
Start by identifying:
- Monthly expenses
- Joint and individual accounts
- Outstanding debts
- Sources of income
If finances are complex—or if there are businesses, real estate, or high-value assets involved—a divorce financial professional may work alongside your attorney to help create a realistic plan.
Identify Assets and Debts
Make a complete list of everything you own and everything you owe. This helps avoid surprises later and creates a foundation for fair negotiations.
Professional valuations may be needed for:
- Real estate
- Businesses
- Retirement accounts
- Valuable personal property
Protect Financial Accounts
Do not move or close accounts without legal guidance. In many cases, each spouse is allowed to separate funds, but documentation and timing matter.
Practical steps may include:
- Opening a personal checking account
- Tracking transfers carefully
- Reviewing recurring expenses tied to joint accounts
Tip: Monitor your credit report regularly to catch errors or unusual activity early.
Create a Post-Divorce Budget
Plan for life after divorce:
- Housing
- Insurance
- Child-related expenses
- Retirement contributions
A clear budget helps you make informed decisions during negotiations.
Step 3: Understand Your Divorce Options
There is no single “right” way to divorce. The best approach depends on the level of conflict, complexity of issues, and willingness to cooperate.
Common options include:
| Divorce Option | Best For | Typical Timeline |
|---|---|---|
| Uncontested Divorce | Full agreement on all issues | 6–12 months |
| Mediation | Willing to negotiate | 6–18 months |
| Collaborative Divorce | Moderate conflict | 6–18 months |
| Litigation | High conflict | 1–3 years |
Each option has different costs, timelines, and emotional impacts. Understanding these differences early helps avoid regret later.
Step 4: Plan for Child Custody and Support
In California, child custody decisions are based on the child’s best interests. Courts consider parenting schedules, stability, each parent’s involvement, and the child’s health, safety, and emotional needs when determining custody and visitation.
If you have children, prepare documents related to:
- School schedules
- Medical needs
- Childcare arrangements
- Any special circumstances
Custody Arrangements
California courts focus on the child’s best interests. Custody plans should consider:
- Parenting schedules
- Decision-making authority
- Stability and routine
- Possible relocation issues
Clear, organized information helps protect your child and strengthens your position.
Child Support
Child support is typically based on income and parenting time. If parents cannot agree, a judge will decide using statutory guidelines.
Step 5: Secure Health Insurance After Divorce
Health coverage often changes after divorce.
Common options include:
- COBRA continuation coverage
- Individual plans through the Affordable Care Act
- Medicaid or CHIP for qualifying children
Review coverage early to avoid gaps that could create financial or medical stress.
Step 6: Prepare for New Living Arrangements
If one spouse will move out, planning ahead matters.
Consider:
- Housing costs
- Lease or mortgage obligations
- How a move may affect custody
Temporary housing decisions can have long-term consequences, especially when children are involved.
Step 7: Protect Personal and Digital Informationn
Divorce can expose privacy risks.
Take steps to:
- Change passwords
- Review social media privacy settings
- Disable location sharing
- Secure personal devices and home networks
These small actions can prevent unnecessary conflict or safety concerns.
Step 8: Finalize Property and Debt Division
Property division often creates tension. Clear documentation and realistic expectations help reduce disputes.
Property Valuation
Accurate values are essential for fair outcomes. Appraisals may be required for significant assets.
Division Principles
In California, marital property is generally divided equally, though details depend on the facts of each case. Addressing both assets and debts thoroughly avoids problems after the divorce is finalized.
Step 9: Address Domestic Violence or Safety Concerns
If domestic violence is an issue, safety comes first.
Important steps include:
- Documenting incidents
- Seeking support from local resources
- Creating a safety plan
Legal protections may be available, but immediate help should always be prioritized when there is danger.
Step 10: Update Legal and Financial Plans
Once the divorce is complete, several updates are necessary.
Update Legal Documents
- Wills and estate plans
- Life insurance beneficiaries
- Emergency contacts
These updates ensure your documents reflect your new circumstances.
Focus on Financial Stability
Long-term planning may include:
- Adjusting savings goals
- Reviewing investments
- Planning for retirement as a single household
Professional guidance can help you move forward with confidence.
Step 11: Build a Support System
Divorce is not something you should handle alone.
Support may come from:
- Family and friends
- Therapists or counselors
- Financial and legal professionals
Having reliable support reduces stress and helps you stay focused on practical decisions.
Step 12: Know When to Seek Legal Guidance
Some questions are difficult to answer without professional advice—especially when children, property, or long-term finances are involved.
Understanding your rights and responsibilities early can prevent mistakes that are hard to fix later.
Summary
Preparing for divorce is about more than paperwork. It is about protecting your future, your finances, and—if applicable—your children.
By staying organized, understanding your options, and addressing issues step by step, you can move through the process with greater clarity and less stress. Thoughtful preparation now creates a stronger foundation for what comes next.
Frequently Asked Questions
What are the 3 C’s of divorce?
The 3 C’s of divorce arecommunication, cooperation, and clarification. These principles help reduce conflict, improve negotiations, and lead to more efficient divorce outcomes.
What should I do first if I want a divorce?
The first step is to organize your documents, review your finances, and understand your legal options before filing. Preparation helps prevent delays and costly mistakes.
Why is a support system important during divorce?
Emotional and practical support reduces stress and helps you make better decisions during a challenging time.
What documents should I gather early?
You should gather marriage records, financial statements, tax returns, property documents, retirement accounts, and any legal agreements related to your marriage.
