Divorce Checklist: What You Need to Prepare State by State

Your Essential Divorce Preparation Checklist

Preparing for divorce can feel overwhelming, but having a comprehensive checklist helps you stay organized and ensures you do not overlook important steps. While specific requirements vary by state, this checklist covers the key tasks and documents you will need regardless of where you live.

Financial Documents to Gather

Financial documentation forms the backbone of your divorce preparation. Gather the following items as early as possible:

• Federal and state tax returns for the past three to five years
• W-2s and 1099s for the past three years
• Recent pay stubs for both spouses
• Bank statements for all accounts (checking, savings, money market) for the past 12 months
• Investment account statements (brokerage, mutual funds, stocks)
• Retirement account statements (401k, IRA, pension plan documents)
• Credit card statements for all accounts
• Loan documents (mortgage, auto, personal, student loans)
• Business financial statements and tax returns if either spouse owns a business
• Social Security statements for both spouses

Property Documents

Compile documentation for all property owned by either or both spouses. This includes property deeds and mortgage statements, vehicle titles and loan documents, appraisals or valuations of real estate, documentation of personal property of significant value (jewelry, art, collections), business ownership documents, and intellectual property records.

Insurance Documents

Gather all insurance policies including health insurance, life insurance, homeowner's or renter's insurance, auto insurance, disability insurance, and long-term care insurance. Understanding your current coverage is essential for planning your post-divorce insurance needs.

Children's Information

If you have children, prepare information about their current school and extracurricular activities, medical records and healthcare providers, childcare arrangements and costs, special needs or requirements, and existing savings or education accounts such as 529 plans.

State-Specific Requirements

Research your state's specific requirements for divorce. Key variations include residency requirements, which range from no requirement in some states to 12 months in others. Waiting periods vary from none to 12 months. Some states require mandatory parenting classes, mediation, or separation periods before filing. Filing fees range from approximately $100 to $400.

Check your state's court website or consult with a local family law attorney to understand the specific requirements in your jurisdiction.

Personal Preparation

Beyond documents, prepare yourself personally for the divorce process. Establish individual bank accounts and credit cards. Create a post-divorce budget projecting your income and expenses. Build an emergency fund if possible. Research housing options and costs. Identify a support network of friends, family, or a therapist.

Legal Preparation

Prepare for the legal aspects of divorce by researching the divorce laws in your state, understanding the difference between community property and equitable distribution, learning about your state's approach to custody and support, considering whether you need an attorney or can proceed pro se, and exploring alternative dispute resolution options like mediation or collaborative divorce.

Digital and Account Preparation

In today's digital world, do not overlook online accounts and digital assets. Change passwords on personal email and social media accounts. Document all online accounts held jointly or individually. Review and secure digital files and photographs. Inventory subscription services and memberships. Back up important digital documents.

Stay Organized

Use a binder, folder system, or digital filing system to keep all documents organized and accessible. Label everything clearly and keep copies of important documents in a secure location outside your home, such as a safety deposit box or with a trusted friend or family member.

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