Five Important First Steps in a Divorce
If you or your spouse have made the decision to end your marriage, the first steps you take will have an impact on how your divorce unfolds. Here are important things to consider as you begin your divorce journey.
1. Decide How to Handle the Divorce
Once the decision for divorce is final, one of the first considerations for you and your spouse to determine is how you will handle it. The divorce process can take several forms—Collaborative Divorce, Mediation, or if you are going to fight it out in court in a litigated divorce. Collaborative Divorce and Mediation are less adversarial than going to court. These processes are more amicable and allow you to work together to reach a mutually beneficial agreement.
You should research these options and understand their implications. Collaborative Divorce or Mediation can be especially helpful if you are both willing to cooperate, particularly if you have children. These methods often allow for better communication, leading to healthier post-divorce relationships, which is especially important for co-parenting.
2. Seek Legal Counsel
Regardless of the route you choose—Collaborative, Mediation, or Litigation—you will want to talk with a lawyer early in the process. Make sure to choose a lawyer who is experienced in the method of divorce you are considering. For example, if you aim for a collaborative approach, your lawyer should be experienced in that process and focused on amicable resolutions rather than litigation.
An attorney who understands your preferred method of divorce will help set the tone for the entire process and ensure that your interests are adequately represented.
3. Consider the Impact on Your Children
If you have children, their well-being should be one of your top priorities. The way you and your spouse handle the divorce will have a direct impact on them, both in the short term and long term. Mediation or Collaborative Divorce, where you work together to come to an agreement, can be less disruptive for children and pave the way for healthier co-parenting arrangements.
On the other hand, a more contentious, litigated divorce can create unnecessary stress and tension, which can affect the emotional and psychological health of your children. It is important to keep this in mind when deciding how you will proceed with the divorce.
4. Gather Financial Documents
Financial transparency is an important part of a divorce, you are both required to provide detailed financial information. Start by collecting bank statements, tax returns, real estate deeds, credit card statements, mortgage documents, and any other financial records.
If there are any assets or contributions that you believe should be classified as separate property (such as a down payment on a home that came from personal savings before the marriage), gather the documentation that traces those funds. Organized finances will make the divorce process smoother and faster for your attorney or mediator.
5. Stay Organized
The more organized you are with your paperwork and information, the easier it will be for your legal team to assist you. Having everything in order also helps you feel more in control of the process, reducing feelings of uncertainty and stress.
By taking these important first steps, you can set a strong foundation for managing your divorce with clarity and focus, ultimately reducing conflict and protecting the well-being of everyone involved.
The Kim Mediation and Law Center is located at 3701 Wilshire Blvd in Los Angeles, CA. You may schedule an appointment by calling 213-251-1000 or visit www.kimmediationandlaw.com.
Compassion for my clients is important to me, and that’s why I’ve remained a family law practitioner for 30 years — and still love what I do. I’m keenly aware of the emotional toll divorce can have on you and your family. As you navigate the rough waters of transition, my team and I will help you find your balance. We’re here to support you in making the best decisions for your future. I’ve seen the positive results again and again when couples embrace meditation or collaborative divorce. I’d be honored to share these practices with you and set your family on a healthy path.
