Family Law Updates

So, you’ve decided this is it. You’re finally going to do it. Before you go through with a divorce, here is a checklist of things you should be aware of to help yourself be prepared for the process.

First Steps

• Gather documents!
  • Divorce involves a LOT of paperwork. Some people will have had access to all their documents during a marriage, others will be gathering these documents together and possibly looking at them for the first time. Below is a list of documents that your attorney will probably want:
    • Your last few pay stubs.
    • Copies of your tax returns (state and federal) from the last couple of years.
    • Deeds and mortgages of any property you own.
    • Statements from your bank accounts.
    • Statements from your credit cards.
    • Copies of your life insurance policy.
    • Records of any outstanding loans or bills that you or your spouse may have.
    • A copy of you or your spouse’s employee benefits package, including health insurance and statements of benefits (private or through employment)
    • Statements from any pension, retirement program, profit-sharing, or investment programs you and your spouse are involved in.
    • Statements from you and your spouse’s IRAs or other investment accounts.
    • Copies of any financial statements or statements of net worth prepared by you, your spouse or your financial planner.
    • A copy of your monthly cashflow or budget (see post about budget-creation)
    • Any other information that you think would help understand your finances.
    • Copies of all of your (and your children’s) identification documents: passports, driver’s license, green card or visa, social security card.
    • Write down the passwords and other login information for any shared accounts that you have, and change the passwords to any accounts that are yours alone.

Sometimes you won’t have access to copies of all of this information for your spouse. If you do, collect that as well. However, if you don’t, then this is something an attorney can help you with.

• Research attorneys.
  • It is super normal to talk to several different attorneys in order to find a good fit. Figure out what’s important to you! Do you have budgetary considerations that will factor into this decision? Do you have friends who had good experiences with a specific attorney? How close is this attorney’s office to your home?
    • Set up consultations with different attorneys and ask them questions based on what’s important to you. What are their hourly rates? Do they offer a sliding scale? How much are their retainers? Their trial retainers? What type of clients do they have the most experience with?

Next Steps

• Figure out where you (and possibly your kids) are going to stay as you work through the divorce process. Will you be staying in the shared house/apartment? Staying with family? Moving into your own new place?
• Consider therapy. No matter what, a divorce is a big life transition! It can be exciting, heartbreaking, scary, overwhelming, or all of the above. Having a therapist to support you as you navigate this big transition can be a massive source of support. You can also consider getting a therapist who can help you support your kids through this transition as well.
• Make sure you have access to finances for the next few months. The first few months of the divorce process are often a very fluid state of limbo. If possible, make sure you have funds in a personal account that you can live off of while you finalize the divorce. I
• Think about what’s important to you. Everyone has different goals when it comes to a divorce and knowing what yours are can help you (and your attorney) advocate for what you truly want.
• Consider moving any family heirlooms or other things that are important to you (and that definitely aren’t your spouse’s) to a storage unit or the home of a family member if you think things are going to get contentious.
• Make sure your ID is up to date.
  • If you will be moving as a result of the divorce, you will likely need to update your IDs to reflect this–namely your passport, driver’s license, and any other address-dependent IDs.
  • This is also a good time to consider whether you will be changing your name. Some people choose to keep their married names, others will go back to names they used before the divorce and others never changed their names at all. If you do decide you are going to change your name, then you will need to file a lot of forms to make sure your new name is updated. After you legally change your name, here is a non-exhaustive list of places you will need to change it:
    • Bank accounts
    • Driver’s License
    • Passport
    • Mortgage
    • Gym Memberships
    • Credit cards
    • Social Security
    • Insurance

Expert Family Law Representation

At Lake Harriet Law, we work diligently for our clients to obtain the best possible settlement of contested case issues.  If you are considering a divorce, contact our team to begin designing a legal strategy to protect your future.

Randall A. Smith – Managing Attorney              612-750-4843

Brianna Attamante – Student Attorney              612-223-8925

Shea Heier – Student Attorney                             612-223-8925

Trinity Fritz Lawrence – Student Attorney        612-223-8925