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5 Things to Do Before Filing for Divorce in California

  • Writer: Michael Cocce
    Michael Cocce
  • Apr 11
  • 2 min read

Deciding to file for divorce is a big step. Before you submit any paperwork to the court, taking time to prepare can make the entire process smoother, faster, and less stressful. Here are five things to take care of before you file.


1. Gather Your Financial Documents


California is a community property state, which means most assets and debts acquired during the marriage are considered jointly owned. Before filing, gather documents such as:


  • Bank and investment account statements

  • Mortgage or lease agreements

  • Tax returns from the past few years

  • Pay stubs and proof of income

  • Retirement and pension account statements

  • Outstanding debt information (credit cards, loans, etc.)


Having these organized early will make the disclosure process much easier.


2. Make a List of All Assets and Debts


Go through everything you and your spouse own and owe, separately and together. This includes real estate, vehicles, furniture, jewelry, business interests, and any debts either of you carries. California requires both spouses to complete financial disclosures, so the more organized you are upfront, the smoother that process will be.


3. Think Through Your Priorities


Before negotiations begin , even informally, it helps to know what matters most to you. Is it the family home? A retirement account? A particular custody arrangement? Knowing your priorities going in helps you stay focused and make clearer decisions throughout the process.


4. Consider Your Children's Needs


If you have minor children, California courts prioritize their best interests in all custody and visitation decisions. Think through what a realistic custody arrangement looks like for your family, one that works for both parents and, most importantly, for your kids. Having a general plan in mind before filing can help things move forward more smoothly.


5. Understand What Kind of Help You Need


Not every divorce requires an attorney. If you and your spouse agree on the major issues, you may be able to handle the process as self-represented individuals with the help of a Legal Document Assistant to prepare your paperwork correctly.


At By The People, we offer a free 15-minute consultation to help you understand exactly what your situation requires and how we can help at a fraction of attorney costs.


Ready to Take the Next Step?


Schedule your free consultation today. We're here to help you move forward with clarity and confidence.

📞 (760) 382-2481 | docs@bythepeopleusa.com

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