What to Do Before You File for Divorce (A Practical Checklist)
Filing for divorce is not the starting line. There is a set of practical things to do before you file that will make the process smoother, cheaper, and far less stressful once it is underway.
Most people skip this step because they are not sure where to begin or they just want to get it over with. But a little preparation before you file saves you time, confusion, and potentially money on the other side.
Here is what to do before you file for divorce in Arizona.
Get clear on whether your divorce is uncontested
The first and most important question is whether your divorce is going to be uncontested. An uncontested divorce means both spouses agree on the major issues: property division, debt, and if you have children, custody and parenting time.
Uncontested divorces in Arizona are relatively straightforward. You can prepare the documents yourself or use a document preparation service. Contested divorces are different. They require attorneys and often significant time in the court system.
You do not have to have every detail worked out before you file, but you do need a realistic sense of how cooperative your spouse will be. If there is any doubt, talk to a family law attorney before you proceed.
Gather your financial documents
Before you fill out a single court form, gather your financial records. You will need them to complete your paperwork accurately and to support any agreements you reach with your spouse.
The documents to collect:
- Last two to three years of federal and state tax returns
- Recent bank account statements (checking, savings, money market)
- Investment and brokerage account statements
- Retirement account statements (401k, IRA, pension)
- Mortgage statement or lease agreement
- Vehicle titles and loan statements
- Credit card statements showing current balances
- Any business ownership records, if applicable
- Prenuptial or postnuptial agreements, if you have them
If you have children, also gather health insurance information, school enrollment records, and any relevant medical records.
Having these documents in one place before you file makes the much less daunting. You will reference them repeatedly throughout the process.
Understand the Affidavit of Financial Information
The Affidavit of Financial Information, called the AFI, is one of the most challenging forms in an Arizona divorce. It asks for a detailed picture of your monthly income, expenses, assets, and debts.
The AFI is required any time spousal maintenance is at issue, and in any divorce involving minor children. Even when it is technically optional, courts often request it.
The mistake most people make is waiting until they are already in the filing process to pull this information together. If you prepare your financial records in advance, the AFI becomes a matter of transferring information onto a form rather than scrambling to find numbers under pressure.