Once the decision to enter into the divorce process has been finalized (please understand that such a decision is not trivial or to be made without the clearest of minds), you will need to consider what you need to do in order to prepare for the divorce.

Assets

List all of your assets that you own individually, that you spouse owns, and that you both own jointly. Include in this list the method of obtaining the asset, e.g., was the asset a gift, did you purchase it together, did you take a home equity line on a mortgage for the asset, etc.? Be sure that you can demonstrate such assets acquisitions through receipts, credit card transaction, insurance on the asset, or some similar form of proof.

Children

Think about and provide your attorney with a picture of how you wish the children to be cared for, that is, if children are a factor in the marriage. Understand that, in Massachusetts, courts consider what is in the best interests of the child as a standard for approving separation agreements, and ordering child support. Make sure that you are able to explain and justify any decision made about any children of the marriage to the court. These are discussions best had with your attorney to understand the options available to you.

Finances

With a divorce in Massachusetts comes a myriad of often unforeseen problems. One of those difficulties that either spouse may face is often financial, particularly in instances where one party to the marriage has been financially supported by the income of the other and that income suddenly stops. Your attorney can file a request for temporary support upon the filing of the divorce complaint, if applicable. You may also be eligible for TAFDC, which is state sponsored income support for families witch children under 18 years of age, or if you are pregnant and your child is due in less than 4 months, you live in Massachusetts, are a U.S. Citizen or of a certain legal noncitizen status, and meet certain income limits. Contact our offices for more information on TAFDC.

Automobiles

Let your attorney know who’s name any motor vehicles are titled in, how much is owed on the vehicle, how payments are being made (or not being made), and whether you are covered by insurance on the vehicle.

Counseling

I always advise my clients to seek marital counseling, individual counseling, counseling from a religious entity of their choice, support groups, or any other form of support available to the couple prior to entertaining a divorce. Divorce is a major ordeal, one which should not be entered into without a full knowledge of what is involved and where financial, emotional, and relationships within the family are likely to end up.

Insurance

Life and health insurance must be considered for spouses and children when applicable. The court will consider how the parties have apportioned such insurances, and a frank discussion about how these matters will be continued or discontinued must be had and the results incorporated into a separation agreement addressing them.

Income Tax Returns

You will need to produce the last three years of income tax returns and these documents will be filed with the court. Keep in mind that though documents filed with the court are, in many instances, public information, it is the responsibility of the attorney or firm filing these documents to redact sensitive personal information that may be accessible by the general public.

Expenses

Create a list of what you pay for rent, mortgage payments, condominium fees, clothing, food, and any other weekly expense that you can possibly think off. These figures will be used in determining appropriate child support, if applicable.

Liabilities

List all debt owed by you, your spouse, and held jointly. This list should include not only presently held debts, but liens placed on your property or business for monies owed to a third party.

Moving out of the Marital Home

Call our offices for a complete review of your living circumstances and an evaluation as to whether leaving the home is in your best interest.

Bank Accounts

Remember to list any checking, savings, or other accounts held between yourself and your spouse, or individually.

DISCLAIMER:
The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.