What You Need to Know Before Filing for Divorce

Based on CDC reports, there were 662,950 annulments and divorces in 2024 across the 45 reporting states and D.C. That means there were approximately 2.3 divorces/annulments for every 1000 people. This is an improvement compared to 2023, when there were 672,502 divorces/annulments, equivalent to about 2.4 divorces/annulments for every 1000 people.

Even with this decline, a divorce can still affect an individual’s finances, living situation, child custody, and property division.

With these stakes involved, people undergoing divorce should be prepared to analyze state law about divorcing, gather all financial records, outline each party's assets and liabilities during marriage, and finalize custody and support of children.

With most divorces, the spouse often experiences conflict. As these people prepare for a possible trial, many will engage in discovery of assets, income, and some childcare agreements. Divorcing couples are anxious about the timeline, especially if they are ready to get their lives back to a different state of "normal." It is beneficial for divorcing couples to know how to file for divorce and what factors can speed up the process.

Divorce means a financial and legal separation that can be difficult, yet divorce rates have declined.

Rules Depend on the State

As with everything regarding family law, divorce laws vary widely from state to state. An individual will first have to see which set of divorce laws applies to their situation.

There are huge variations with regard to residence requirements, times, and reasons for divorce depending on the state in which the divorce process takes place. For example, in Colorado, no divorce can be concluded within 91 days of service or a joint filing.

Where a spouse files can also matter. Moving across state lines shortly before filing, or having spouses in two states, can raise questions about which court has the power to hear the case. Those questions are easier to settle before a petition goes in than after.

Money, Property, and Paper Trails

Finances drive much of the work. In the state of Colorado, both parties undergoing the divorce process are required to disclose all assets and liabilities. There is also a requirement to file sworn financial statements and provide 3 years’ worth of tax returns to the other party. Missing or incorrect disclosures can allow a court to reallocate the affected assets or liabilities up to 5 years after the decree. Sanctions for noncompliance can also apply.

Other states set their disclosure rules, yet the habit of collecting records early travels well. The Colorado Judicial Branch website lists the financial disclosure steps in plain language.

Households with larger holdings often add steps to this stage. The family law practice Kinneth & Cordes handles high-net-worth divorce and collaborative divorce cases, which shows how wide the financial aspect of a divorce case can get.

Children, Housing, and Daily Logistics

Practical issues begin to arise almost immediately. The living situations for both parties, payment for the joint bills pending, and dealing with school and schedules are all issues raised during the first few weeks.

Issues like these will certainly be accounted for by courts when there are kids involved. Such a situation means the spouse who has worked out his/her realistic schedule comes to the discussion with something practical.

What Happens After Papers Go In

However, most proceedings adhere to a standard pattern where one party brings an action and the other party is notified officially and gets an opportunity to answer.

When spouses are able to reach an agreement concerning the terms, there is no need for trial, and otherwise they ask the court to make the decision. Timing swings widely, because some states require a waiting period or separation before a court can finalize anything.

Preparation will not make a divorce short. It does cut down on surprises. That’s why you should learn the state’s residency and waiting period rules, collect records of income, property, and debt, and sketch out living arrangements before the first form gets filed.

Getting ready for divorce does not mean only filling out papers. Being aware of the laws of your state, collecting necessary information about your financial situation, and assessing the property and liabilities, as well as considering your kids, will help you get ready for the divorce. Every divorce is individual, and such actions beforehand will make the process easier.