When you know divorce is around the corner, the best thing you can do is plan for the future. Knowing how to prepare for divorce can help you protect your assets, negotiate more effectively, minimize conflict, and pursue your ideal life after divorce. The best place to start is with a checklist of things to organize before you file for divorce in Washington State.
How to Prepare for a Washington State Divorce
The preparation you do before your divorce can improve your entire experience. The right steps can make your divorce go faster and more efficiently, from splitting assets to negotiating terms. You will be mentally and financially prepared for the road ahead, able to navigate even the most challenging aspects of divorce with a plan.
Bliss Law Group has helped many people navigate what you are going through now. Our expert divorce attorneys can help you explore how to prepare for divorce based on your unique situation. We can start today by offering the best general advice on how to organize your assets and your plans before your divorce gets underway.
1. Review the Washington Divorce Requirements
Each state has different requirements for divorce. Some require separation, some require a certain waiting period. Washington is a no-fault divorce state with a 90 day waiting period. Like all other states, at least one spouse must also be a registered permanent resident of Washington to file for divorce in the state. You are considered a registered resident when:
- One or both spouses are Washington residents
- 90 days after filing for divorce
- 90 Days since your spouse was made aware of the divorce
If you or your spouse is a resident of Washington, you are ready to move on to the next step.
2. Hire a Divorce Lawyer
As soon as you are considering divorce, it’s a good idea to consult with a divorce lawyer. Your lawyer can help you review your situation and determine the best path forward. Divorce lawyers are dedicated to one client and will help you look out for your best interests. This is why there are typically two lawyers for every divorce.
Your best interests involve leaving the divorce financially sound and able to build a good life when the separation is complete. If you have children, your priorities also include fair access to custody and a reasonable parenting plan. In some cases, your divorce lawyer can also help you protect yourself, your children, or your assets if there is reason to worry about your spouse’s behavior once the divorce process has begun.
Together, you can build a strategy and plan out how to prepare for divorce based on your unique situation.
3. Document Financial Accounts
Once you are working with a divorce lawyer, begin putting together a record of your marital assets. The best place to start is by documenting the finances. This includes shared finances and personal accounts belonging to both you and your spouse. Be sure to include:
- Income Statements/Paystubs
- Checking and Saving Accounts
- Retirement Accounts
- Investment Accounts
Marital finances include all money earned or accrued during the marriage. This includes personal earnings and even retirement funds. Don’t worry about splitting the finances yet. In the preparation phase, you can benefit from making a list of all the accounts you know about, where they are kept, and their current balance.
4. Make a List of Marital Assets
With the finances documented, you can address the tangible assets. These include everything purchased during the marriage, including property and personal items, no matter who officially owns them on paper.
Marital assets often include:
- Real Estate
- Vehicles
- Furniture and Household Items
- Personal Items
While most people realize that the marital home and its furnishings are likely shared assets, you may not realize that “separately” owned assets like the personal cars you drive, expensive wardrobes, hobby equipment, electronics, personal devices, collections, and even real estate owned in just one name purchased during the marriage are also marital assets to be split.
Create a complete list of everything owned between you and your spouse. It can also be helpful to tally up the approximate value of each item or category.
Note: If one or both spouses started a business, the business is also a marital asset but must be managed with far more nuance.
5. Secure Your Premarital Assets Separately
One of the smartest things you can do when preparing for divorce is to secure your premarital assets. Even in seemingly peaceful divorces, sometimes keepsakes are lost or kept by the opposite spouse for emotional reasons.
Premarital assets are things you owned before you got married. This might include your furniture, family heirlooms, and valuables you purchased before the marriage. These items are not considered shared and still belong solely to you.
Secure these items in personal storage to ensure they leave with you and don’t get lost.
Note: Any inheritance, trust fund, or special gifts in your name from family or personal friends may also be included.
Note: If your spouse added significant value, like restoring an antique, they may have gained partial ownership.
Set Aside Your Spouse’s Premarital Assets
If your spouse has already moved out or you are sorting the family storage areas alone, it is considerate to set aside your spouse’s premarital assets and keepsakes. These items are not bargaining chips, but providing them safely intact to your spouse can help to open negotiations in good faith and ensure they are not accidentally included in the asset division.
6. Plan for Your Financial Future
With your assets counted, you will be able to start planning for your future. Financial planning is an important part of preparing for divorce. Whether you are keeping the house or have plans to establish a new home, you can start planning your new life. Calculate a combination of your income and your approximate half of the asset division.
Consider the life you want to build, including a budget for housing, bills, and lifestyle. Put together a practical budget that includes saving and retirement planning. The best outcome of any divorce is a successful solo launch of your next chapter, so looking ahead is highly beneficial.
You can plan for a short-term transition, but it’s also wise to plan for your lifestyle in the long-term as well. Your divorce lawyer can help you get perspective on your options for the future, how to plan for them, and the steps to take as your divorce moves forward.
7. Contested vs Uncontested Divorce
Discuss with your lawyer the differences between a contested divorce or an uncontested divorce.. A contested divorce occurs when two spouses cannot agree on terms. There are many things your lawyer can do to help in the negotiations. However, if there is no agreement, the temporary or final agreement will need to be ruled on by a judge in family court.
An uncontested divorce is when two spouses can negotiate terms to compromise and make their own decisions, then submit a completed divorce agreement to the court. Uncontested divorces are ideal, as they leave you in charge of the final terms. They also tend to be faster and more affordable, but every divorce is unique.
If your spouse is amenable to negotiations, it is likely that you can pursue an uncontested divorce.
8. Find Common Ground
If an uncontested divorce is possible, talk with your spouse to see where you can find common ground. If you can reach even a few basic agreements on how to divide assets or raise the children, you can save a lot of time across the negotiation table. This is a classic strategy to streamline a divorce when spouses are able to talk to each other and still share many practical values.
9. Plan for Your Children
If you have children, they should be included in your divorce plans. It’s important to talk about the divorce with your kids so they aren’t afraid of the future. Let them know that both parents can be happier living apart and that your children are still completely loved by both parents. Avoid sharing any hostility, and don’t allow your children to be placed in the middle of any conflict.
Listen to your children. Ask them what they want or what they are afraid of regarding the divorce, and provide reassurance. Consider their preferences and routines, as well, when building your co-parenting plan.
While negotiations haven’t started yet, you can prepare a practical co-parenting and custody plan to propose.
10.. Prepare a Negotiation Strategy
Lastly, consider your negotiation strategy. Coming in prepared can help you take a strong position and reach more win-win situations without conflict. Think about:
- What You Want Most
- What You Can Live Without
- What Your Spouse Likely Wants Most
Know what you want to fight for and what you’d be willing to give up. Consider assets that easily balance value to smooth out negotiations. Then consider what your spouse most likely wants to keep and be prepared to offer it to them – or offer them an appealing alternative.
How Can a Divorce Lawyer Help You Prepare for Your Divorce?
Having an experienced divorce lawyer on your side can help you know what to expect and how to prepare for the divorce ahead. Every divorce is unique, from your marital assets to your relationship with your spouse. These unique factors will influence the right preparation steps. You may need to spend extra time calculating your financial and investment assets or make careful plans for your children.
While this checklist is a useful place to start, your divorce lawyer can offer you personalized guidance on the best steps to get your paperwork and plans all aligned before your spouse gets involved in the process. The attorneys of Bliss Law Group provide dedicated representation for divorcing clients. You will have someone who is always in your corner, ready to help you achieve your goals and reach the most satisfactory divorce possible.
Contact us for a consultation by calling 253-525-5823 or reach out through our online form.
Contact the Bliss Law Group Team Today
With these preparations, you are ready to embark on your divorce with confidence and strategy. The skilled divorce attorneys of Bliss Law Group can help you achieve your goals from the planning phase to your final divorce agreement. Bliss Law Group is a Premier Family Law Firm with offices in both Tacoma, Washington and Olympia, Washington. They serve families in Pierce County, Thurston County and the South Puget Sound area.
To book a consultation, call us at 253-525-5823 or contact us online.
