Divorce Prep Guide: What to Do Before You File

Thinking about divorce can feel like stepping into a fog, yet planning can clear the path. At Jackman Law Firm, we have guided Seattle families through tough turning points since 2014, and we have seen how smart preparation eases the road ahead. 

This guide provides plain-spoken steps to organize paperwork, protect your finances, and shield your kids before a single form reaches the clerk’s desk. Follow along, take notes, and contact us if questions pop up.

Reviewing Washington State Divorce Requirements

Before gathering bank statements or boxing up keepsakes, check that you meet the legal basics. At least one spouse must live in Washington or be stationed here with the military. The case can be filed in any county where either spouse resides.

Once the petition is filed and served, state law sets a 90-day waiting period. The clock starts later than the filing date or the service date. No judge can sign final papers until that window closes, even if you and your spouse agree on every line.

Washington follows a no-fault system under RCW 26.09.030. You only need to state that the marriage is “irretrievably broken,” with no proof of bad conduct required. Knowing these points keeps you from racing ahead only to hit a technical wall.

Consulting with a Divorce Attorney

You do not have to battle alone. Speaking with a lawyer early lets you know your rights on property, debts, spousal maintenance, and parenting time. A short meeting can flag red-light issues, such as hidden accounts or emergency safety worries.

A divorce attorney can also map out a filing strategy, from timing pay-stub requests to deciding which county offers a faster docket. Good planning often trims costs and lessens friction, because surprises in court are pricey. Feel free to call us if you want a second set of eyes on your plan.

Financial Preparation: Documentation and Planning

Money questions drive many disputes, yet organized records can shorten arguments. Start building a full snapshot of income, assets, and debts.

Documenting Financial Accounts

Pull the last two years of statements for every account in either name, joint, or solo. That includes:

• Pay stubs or 1099 records
• Checking and savings statements
• Retirement and pension summaries
• Brokerage or cryptocurrency ledgers

Keep digital copies in a secure folder and print one hard copy for your attorney.

Creating a List of Marital Assets

List every item bought during the marriage, regardless of whose name appears on the title. Break it into categories and jot down rough values:

1. Real estate, including vacation land or timeshares
2. Vehicles, boats, or motorcycles
3. Furniture, electronics, and jewelry
4. Business holdings or intellectual property

Snap photos or keep appraisals where possible. A clear record lowers the chance of “I forgot that boat existed” arguments later.

Planning for Your Financial Future

Draft a post-divorce budget with honest numbers for rent or mortgage, utilities, groceries, health insurance, and childcare. Compare that figure to your net income and the likely share of assets. Seeing the math early helps you decide whether to keep the house or downsize before the case starts.

Protecting Assets: Premarital and Marital

Washington courts divide community property equitably, yet items owned before the wedding usually remain separate. Label them now to avoid mix-ups later.

Securing Premarital Assets

Move heirlooms, inherited furniture, or personal collectibles to a safe location, such as a trusted relative’s home or a rented locker. Where possible, document each item with photos, serial numbers, and purchase dates.

Setting Aside Spouse’s Premarital Assets

Good faith goes a long way. Box up your spouse’s keepsakes and hand them over in clearly marked containers. Doing so shows the court that you respect separate property rights and can soften negotiations on hot-button issues.

Divorce Process: Contested vs. Uncontested

Every divorce falls into one of two lanes. In an uncontested case, both spouses sign final orders without a trial, saving time and filing fees. A contested case heads to court when spouses cannot agree on property, support, or parenting.

Finding common ground on even one issue can shrink the contested list and cut stress for everyone. Mediation or collaborative sessions often bridge smaller gaps before they balloon into courtroom battles.

Planning for Children: Custody and Support

Kids notice everything, so calm planning matters. Washington parenting plans address residential time, holidays, decision-making, and move-away limits under RCW 26.09.002. Child support follows the income-shares model set out in RCW 26.19.001.

Begin outlining a schedule that mirrors the children’s existing routine. Talk with teachers or counselors about signs of stress, and keep heated conversations out of little ears. Courts favor parents who place the children’s needs above score-keeping.

Developing a Negotiation Strategy

Successful bargaining starts with clarity. Write three columns: “must-haves,” “nice-to-haves,” and “can live without.” Share that list with your lawyer so that they stay on the same page during settlement talks.

Also, think about what matters most to your spouse. Offering something they value can secure something you value even more. A balanced trade beats a bitter stand-off nine times out of ten.

Additional Steps to Consider

Beyond finances and parenting, a few practical moves can smooth the transition.

Setting Boundaries

Agree on civil communication rules, perhaps through a co-parenting app or email only. Separate joint credit cards or freeze lines of credit to prevent last-minute shopping sprees.

Living Situation

Research housing early if one spouse will move out. Confirm that rent deposits and utility setups fit the upcoming budget you drafted.

Mental Health

Therapists, support groups, or trusted friends can lighten emotional weight. A healthy mindset keeps you from making rash choices you might regret later.

Addressing Joint Debts

Whenever possible, refinance shared loans into one name. Lenders do not care what your decree says; they will chase both names on the original contract if payments stop.

Divorce Timeline Overview

The table below sums up how long each phase often lasts so that you can map out the months ahead.

Use these ranges as a planning tool, not a promise. Court calendars, attorney schedules, and settlement progress all play a role.

Facing a Divorce in Seattle? Jackman Law Firm Can Help.

Our team has spent the past decade protecting the futures of Washington families, and we are ready to stand beside you. Whether you need clear advice on property division, a strong voice in child custody talks, or a steady guide through trial, we are here to serve. Call us at 206-558-5555 or visit our Contact Us page to set up a consultation. Early planning paired with solid guidance can turn a stressful time into a fresh start—let’s talk about your next steps.