How to Get Ready for a Divorce

Earlier this month, we did a short series on what the divorce process looks like — this is somewhat of a ‘prequel’ to that: a list of what you should be doing before you file for divorce in order to maximize your chances of dealing with the realities of a divorce successfully.

Establish Yourself as an Economically Independent Entity
Michigan is not a ‘community property’ state, which means you can commence your drive toward economic independence from your spouse long before you seek legal independence. Open a bank account in your name, and deposit as much as possible without moving any out of your joint account (if any) into your individual account. Get a credit card in your name, and stop charging anything to your joint card (if any). Make all repairs to marital property (including health care costs) out of marital funds, and keep your personal funds aside.

Start Collecting Financial Information
Make copies of your last several years’ joint tax returns, credit card statements, bank statements, investment reports, and other financial information (as applicable). See if you can get your spouse’s employer to provide a list of their fringe benefits and their approximate value. The more data you can get without raising any red flags with your spouse, the better off you’ll be when the Discovery step comes along down the line.

Take Prudent Precautions
When you know that you’re thinking seriously about filing for divorce, start looking carefully at your spouse’s activities and distancing yourself from anything you think might be flawed. For example, don’t sign a joint tax return if you have any reason to believe that there might be problems with the way they’ve been completed. If you have a joint account with your spouse, notify the bank that you may be filing for divorce and ask them to deny any large transactions unless they have approval of both spouses. Verify that you are still covered under your spouse’s employer-provided health insurance (if applicable.)

Get Your Credit Report
Your credit report will be run as part of Discovery, but it can pay huge dividends to be aware of what it will reveal ahead of time. You may very well discover that your spouse has done some things that you didn’t expect — like telling you the bills were paid when the money was secretly going elsewhere — and being able to either take counter-action or at least be prepared for the truth to come out.

Talk to an Attorney Well Ahead of Time
Probably the best thing you can do to prepare for “doing divorce right” is to get an attorney on your side weeks or months before you drop the bomb on your spouse. Call Gucciardo Family Law as soon as you can — we can help you understand your rights, the divorce process, and what your most likely problems will be as you go forward.