What is the first thing I should do if I want a divorce?

Asked by: Roscoe Denesik  |  Last update: February 14, 2026
Score: 4.7/5 (69 votes)

The first step when wanting a divorce is to educate yourself and prepare, which involves organizing financial documents, consulting an experienced divorce attorney to understand your rights, securing your finances (new bank accounts, passwords), and prioritizing mental health, before actually filing paperwork, which starts the legal process.

What is the first thing to do when you want a divorce?

The first steps of divorce involve legal and personal preparation, starting with understanding your state's residency requirements, gathering financial documents, and consulting a family law attorney to develop a strategy for an uncontested or contested divorce. Legally, it begins by filing a Petition for Divorce (or Complaint) and Summons with the court, formally notifying your spouse (service of process), and then waiting for their response to either agree or contest the terms like asset division, child custody, and support.
 

What are the 3 C's of divorce?

The "3 Cs of Divorce" generally refer to Communication, Cooperation, and Compromise, principles that help divorcing couples, especially those with children, navigate the process more smoothly by focusing on respectful dialogue, working together for shared goals (like children's welfare), and making concessions for equitable outcomes, reducing conflict and costs. Some variations substitute Custody or Civility for one of the Cs, emphasizing child-focused decisions or maintaining politeness.
 

What is the 10 10 10 rule for divorce?

The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law. 

What not to do before a divorce?

If you are still married to your spouse, refrain from becoming romantically involved with anyone until your divorce is final. Your spouse may use your new relationship against you in the divorce process.

11 Things You Should Know Before filing for Divorce

27 related questions found

Who loses more financially in a divorce?

Statistically, women generally lose more financially in a divorce, experiencing sharper drops in household income, higher poverty risk, and increased struggles with housing and childcare, often due to historical gender pay gaps and taking on more childcare roles; however, the financially dependent spouse (often the lower-earning partner) bears the biggest burden, regardless of gender, facing challenges rebuilding independence after career breaks, while men also see a significant drop in living standards, but usually recover better.
 

How do you silently prepare for a divorce?

How to Prepare for Divorce Secretly

  1. 7 Strategic Steps to Prepare. ...
  2. Assess Your Situation. ...
  3. Gather Important Documents. ...
  4. Establish Personal Privacy. ...
  5. Create a Financial Plan. ...
  6. Seek Professional Assistance. ...
  7. Develop a Support Network. ...
  8. Prepare for the Legal Process.

Why is moving out the biggest mistake in a divorce?

Moving out during a divorce is often called a mistake because it can harm your financial standing (paying two households), weaken your position in child custody (appearing less involved), and complicate asset division by creating an "abandonment" perception, making courts favor the spouse who stayed, though it's not always a mistake, especially in cases of domestic violence where safety is paramount. Staying in the home, even in separate rooms, preserves the status quo, keeps you present for kids, and maintains your connection to the property until formal agreements are made.
 

Can my wife take half of everything in a divorce?

Marital Property Is Divided Fairly

Fair usually means that each person gets about half of everything. But in some cases, a judge could decide it is fair to divide marital property in a different way.

How long do you have to be split up to get a divorce?

As long as you have been married for at least 12 months, regardless of when you separated, you can start divorce proceedings any time.

What is the biggest mistake during a divorce?

The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being. 

What is the #1 divorce cause?

The number one reason for divorce is consistently cited as lack of commitment, often leading to infidelity, growing apart, and frequent conflict/arguing, with financial problems, poor communication, and addiction also being major factors that erode the foundation of a marriage. 

How to accept your marriage is over?

Accepting your marriage is over involves allowing yourself to grieve the loss, seeking support (therapist, friends), being kind and patient with yourself, focusing on self-care (exercise, healthy eating), creating new routines, and gradually embracing new possibilities while acknowledging the end of a significant chapter in your life. It's a process, not a single event, requiring honesty with your feelings and a focus on personal growth.
 

What are the 4 warning signs of divorce?

The four key signs of divorce, known as Dr. Gottman's "Four Horsemen," are Criticism, Contempt, Defensiveness, and Stonewalling, which signal destructive communication patterns like personal attacks, disdain, playing the victim, and shutting down emotionally during conflict, eroding respect and connection in a relationship. Recognizing these patterns is the first step to implementing antidotes like using "I feel" statements and taking breaks when overwhelmed to rebuild healthier communication.
 

Who initiates 90% of divorces?

Women initiate a significant majority of divorces, around 70%, with this figure rising to nearly 90% for college-educated women, according to studies like one from the American Sociological Association. This trend highlights women's greater dissatisfaction with marital dynamics, often stemming from taking on more emotional labor and feeling a lack of connection or fulfillment, leading them to be the ones to file for divorce, notes The Whitley Law Firm and Barnes & Diehl, P.C.. 

What is the 2 2 2 rule for marriage?

The 2-2-2 rule is a relationship guideline for couples to maintain connection by scheduling intentional time together: a date night every 2 weeks, a weekend away every 2 months, and a week-long vacation every 2 years, helping to prioritize the relationship amidst daily stresses and routines. It's a framework for regular quality time, communication, and fun, originating from a Reddit post and gaining traction for preventing couples from drifting apart by focusing on consistent connection. 

What money can't be touched in a divorce?

Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
 

Does my wife get half my pension if we divorce?

Yes, in most U.S. states, your wife is generally entitled to half the portion of your pension earned during your marriage, as pensions are considered marital property, but exact division depends on state laws (community property vs. equitable distribution) and any prenuptial agreements. The portion earned before marriage is usually separate property, and courts use formulas like the Majauskas Formula (50% of marital portion) or offset with other assets, requiring a Qualified Domestic Relations Order (QDRO) to formalize the split. 

What not to do during separation?

When separated, you should not rush big decisions, badmouth your spouse (especially to kids or on social media), involve children in the conflict, move out of the family home without cause, make financial promises without legal advice, or let emotions dictate impulsive actions like excessive spending or dating too soon, focusing instead on maintaining civility and protecting finances and children. 

What are the four behaviors that cause 90% of all divorces?

The four behaviors that predict divorce with over 90% certainty, known as the "Four Horsemen," are Criticism, Contempt, Defensiveness, and Stonewalling, identified by relationship researcher John Gottman; these toxic communication patterns erode a marriage by destroying trust and connection, with contempt being the most damaging. 

What is the biggest regret in divorce?

The biggest regrets after divorce often center on not trying hard enough to save the marriage (missing counseling, ignoring issues) or the negative impact on children, with many later realizing they took a good thing for granted or misjudged their ex-partner, while some regret the financial fallout or impulsivity, though others regret not leaving sooner, especially in toxic situations. Common regrets include focusing too much on work/self, poor communication, or wishing they'd appreciated their partner more. 

What to do financially before a divorce?

To financially prepare for divorce, gather and copy all financial documents, create a realistic post-divorce budget, build emergency savings (3-6 months of expenses), open your own accounts, monitor your credit, and consult with financial and legal professionals like a CDFA or attorney to understand your state's laws and your entitlements, while avoiding large joint purchases or hiding assets. 

What is a ghost divorce?

Ghosting in a divorce can mean anything from refusing to respond to texts and emails to avoiding legal communications entirely. This behavior can lead to what's known as a “silent divorce,” where emotional detachment precedes the legal separation.

What is the #1 indicator of divorce?

The biggest predictor of divorce, according to relationship research by Dr. John Gottman, is contempt, which involves treating your partner with disrespect, mockery, or superiority (eye-rolling, name-calling). Other key predictors, known as the "Four Horsemen," include criticism, defensiveness, and stonewalling (withdrawing), with contempt being the most destructive as it signals a complete lack of respect and invalidates the partner. Decreased emotional responsiveness and affection, especially in the early years, also significantly predict marital failure.
 

What should a woman do before divorce?

How Should a Woman Prepare for Divorce?

  • Get Copies of Important Documents. ...
  • Keep Money and Mail Separate. ...
  • Update Estate Planning Documents. ...
  • Inventory All Marital and Non-Marital Property. ...
  • Seek Help From an Experienced Divorce Attorney.