Top 10 Things to Do to Prepare for Divorce

by | Dec 20, 2019 | Divorce, Separation

Nearly half of all marriages that take place in the United States don’t work out. As common as it is, there’s still no easy way to end a marriage, but if you’re sure it’s over, these ten tips can help you prepare for divorce.

1. Take your time
Sometimes emotions cloud our judgment and prevent us from acting in our own best interest. Unless you’re in an abusive situation, it’s okay to take your time as you prepare for divorce. You’re making emotional and financial decisions you’ll have to live with. There’s no need to rush.

2. Get clear on the legal process
Rules vary by jurisdiction, which will influence how you prepare for divorce. However, understanding the basic process will help you make educated choices, so you can avoid unnecessary regret. 

3. Organize important documents
Now is the time to document all debts and assets. Make copies of relevant forms, such as pay stubs, bank statements, and tax returns. Consider keeping a record of these financial documents in a safe deposit box.

4. Protect your access to finances
Open a separate bank account, if you don’t already have one. In order to prepare for divorce, you need to understand your joint finances and have a financial plan for your future.

5. Put your kids first
If you’re concerned about a possible custody dispute, begin to keep a diary regarding the care of your children. Take note of who attends school functions, medical appointments, and extracurricular activities. It can be difficult to remember these details when you’re in the middle of an emotional conflict.

6. Explore your options
Not every failed marriage needs to end in court. There are other options, such as mediation, or collaborative divorce.

7. Put together your team
Don’t try to go it alone. You need a legal and emotional support system. Consider meeting with not only an attorney, but also a therapist and financial planner.

8. What do you want?
Have a clear picture of what you want, but leave room to negotiate. For example, maybe you’d prefer to stay in the house, but can you realistically afford the mortgage and upkeep?  

9. Treat negations like a business transaction
Unfortunately, whatever communication issues you faced during your marriage will most likely be amplified during a divorce. Know that your emotions are valid, but remember it’s more powerful and productive to act from a calm state. Of course, this is easier said than done. 

10. Focus on the big picture
Divorce doesn’t last forever, although at times it may feel that way. Try to focus on the big picture. Let go of everything that doesn’t matter, so you have room to imagine a new future.

If you need legal advice as you prepare for divorce, please contact us at Whipple and Mercado

Tammy J. Mercado

Tammy J. Mercado has a passion for helping her clients achieve their desired results. She listens and she personally and promptly responds to your texts, emails and phone calls. She offers real solutions to your legal matters. Tammy will carefully evaluate the legal issues in your case, provide you with sound advice and offer you the pros and cons of each possible scenario so you can meet your legal objectives. She encourages clients to participate in their own matters. Tammy believes that client participation is key to a positive result and to keeping attorney fees as low as possible. You can be sure that she will offer you straightforward, sound and honest advice in a professional manner, with integrity and excellence.

Before opening her own law practice, Tammy worked for many high-volume law firms. This gave her extensive, diversified experience in hundreds of complex family law cases as well as civil matters. She is admitted to practice law before all courts in California and the United States District Court for the Northern District of California. She is also a member of the American Bar Association, the Contra Costa Bar Association, the Alameda County Bar Association and the Bar Association of San Francisco. Tammy is also a member of the Rotary Club of Danville.

Tammy is a graduate of John F. Kennedy School of Law and holds a Bachelor of Science in business management from the University of Phoenix. Tammy is also a licensed real estate broker, which comes in handy for valuing property in family law cases as well as real estate matters in the civil arena.

During her off time, Tammy is an avid sailor who crews and races on various boats in the San Francisco Bay. Tammy approaches each case as she would any yacht race: by assessing the other’s strengths, weaknesses, experience, equipment, history and reputation. She is a member of the American Sailing Association, and she is a certified Coast Guard Auxiliary member.

HONORS AND AWARDS
Tammy was selected to receive the prestigious “Business Person of the Year” Award in 2017 for the San Ramon Chamber of Commerce.

Tammy is currently serving as Danville Rotary President for 2017 through 2019.

Mary C. Whipple, CFLS

Mary C. Whipple opened her first law practice in the summer of 2008. She previously was an associate attorney at the Law Office of Cummins & Holmes, a full-service civil litigation law firm in San Ramon. The majority of her experience is in family law, which includes divorce, custody, support, prenuptial agreements and domestic-violence restraining orders. Certified by the California State Bar’s Board of Legal Specialization, she is a specialist in the area of family law. Mary has also represented clients in a variety of non-family-law cases, including juvenile dependency, probate, breach of contract and employment disputes, to name a few.

Mary also previously worked as a contract attorney for O’Melveny & Meyers in San Francisco while simultaneously volunteering at the Bar Association of San Francisco’s Volunteer Legal Services Program, representing defendants in unlawful detainer actions. The program acknowledged Mary with an Outstanding Volunteer in Public Service Award in 2006 for her efforts in providing access to justice.

A seventh-generation Californian, Mary is a graduate of Loyola University Chicago School of Law. She earned her Bachelor of Science in criminology at Southern Oregon University in Ashland, Oregon. She is a member of the State Bar of California, the Alameda County Bar Association, and the Contra Costa County Bar Association.

In addition, Mary is active in her community as a member of the Ambassador’s Committee for the San Ramon Chamber of Commerce; a volunteer at the Contra Costa County and Alameda County Superior Courts, where she assists self-represented litigants in completing their divorces; and a member of Divorce Angel, where she provides information regarding family law matters to members of the community. Since 2007 she has been a volunteer judge for Alameda and Contra Costa County’s Annual High School Moot Court Competition. She is also a member of the Danville/Sycamore Valley Rotary Club. She was awarded the San Ramon Chamber of Commerce 2012 Business Person of the Year; and a graduate of the 2012 class of Leadership San Ramon Valley.

CERTIFIED LEGAL SPECIALTIES
Certified Specialist in Family Law by the State Bar of California Board of Legal Specialization