ANALYZE OR DECIDE IF YOUR MARRIAGE IS OVER

• Is your marriage in the emergency room or the morgue?
• Maybe your spouse has already made that decision for you.

DEAL WITH HOW YOU FEEL

• Don’t use the divorce process to get revenge
• It may be a good idea to consult with a counselor. Talking to a counselor is less expensive and more effective that utilizing your attorney as a therapist.

EDUCATE YOURSELF ABOUT THE DIVORCE PROCESS

• If you’re reading this, even you are already doing this!
• Read our book – DeWitt’s Guide to Divorce
• Consult with an experience divorce attorney

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COLLECT THE INFORMATION YOU NEED BEFORE FILING FOR DIVORCE

• You will need information about your income, expenses, assets, and liabilities.
• See My Divorce Checklist here

ESTABLISH YOUR GOALS FOR THE DIVORCE

• What do you want the outcome of the divorce to be?
• What are your non-negotiable items?
• What are your priorities
• How do you envision your life after divorce?

ESTABLISH A PLAN BEFORE BEGINNING THE DIVORCE PROCESS

• Do you want to stay in the home?
• Are you able to financially support yourself?
• How will you pay for your attorneys’ fees?
• How will you tell your spouse about the divorce?
• If you have kids, how will you tell the kids about the divorce?
• What do you believe the best time sharing schedule is for your children?
• Figure out how to navigate obstacles.

FILE FOR DIVORCE

START THE DISCOVERY PROCESS AND EXCHANGE FINANCIAL INFORMATION

• Review the information provided by your spouse and make sure it is complete and that you have a comprehensive financial picture.

ATTEND MIDIATION

• Mediation is a formal settlement conference with a neutral third-party mediator who assists the parties in reaching an agreement. The mediator cannot provide legal advice or make decisions, and all discussions are confidential.
• If an agreement is reached at mediation, a binding written agreement is created. It is important to ask your attorney any questions prior to signing the agreement. Once the agreement is signed, it is very difficult to overturn. DO NOT sign an agreement without fully understanding what you are signing.
• If your case does not settle at mediation, it is still possible to settle after mediation, through settlement discussions or future mediations.
• There is no limit to how many times you can attend mediation if the parties agree to attend or the court orders mediation.

EXCHANGE INFORMATION

• If your case does not reach a full agreement, then your attorney will most likely gather additional information prior to trial. This typically means requesting more documents and taking the depositions of the parties and sometimes other witnesses.
• If you end up at trial, it’s not what you know, but what you can prove! This is why your attorney needs to gather information to ensure that they have the information necessary to properly present your case to the judge.

TRIAL

• If you do not reach an agreement, your case will continue through the court system and eventually end up at trial in front of a judge who will decide your issues for your. Remember, there are only two ways to resolve your case, either you and your spouse reach an agreement, or the judge makes the decision for you.
• After the trial, the judge will enter a Final Judgement, which will resolve all the issues in your divorce case and officially divorce you and your spouse.

YOU ARE DIVORCED!

It was a long process full of headache and heartache, but you have reached the other side. Now that you are divorced, be sure to set yourself up for success. To learn about things you should do after divorce, see our post-divorce checklist.