Top 3 Things to do Before Filing for Divorce

By Jason Beahm on January 31, 2011 | Last updated on March 21, 2019

Having thoughts of filing for divorce? Did you know that January is divorce month? No, it's not like an official holiday or anything. January is just a very big divorce month. Once the holidays are over, New Year's Resolutions are made and clean starts abound.

And divorce lawyers report big surges in January. In fact, now some people use the term "Black Monday," as a reference to the Monday after the New Year, when divorce lawyers see an increase in clients filing for divorce.

"Absolutely. January consistently sees the most divorce filings. It just really amazes me, though it probably shouldn't. . .my own husband left in January," said certified divorce consultant Cathy Meyer, reports.

Meyer says that usually the couple was struggling long before January, but at least one party wanted to put it off until after the holidays. "If they have children, the holidays are supposed to be a magical time, so they commit to giving the kids one last happy holiday as an intact family. By January, if it's still not working, they know it's time to move on," she said.

Divorce is obviously a major decision that one should weigh heavily. If you are considering filing for divorce, FindLaw has a number of excellent resources that you can research. Here are three key steps in the divorce process, as well as excellent reference materials.

1) Decide if you need at attorney.

a. Is it an amicable divorce? If so, FindLaw has do it yourself resources.

b. If it will be contested, consult the FindLaw lawyer directory.

2) Checklist: Write up things to discuss with your divorce attorney.

You will have a lot of things on your mind and even more questions. The house, the children, the plasma TV -- you will want to organize your questions and answers before you walk into the attorney's office.

3) Consider how you will divide marital property and make a checklist.

Counseling is always an option if you are not certain. But if you decide that you are ready to proceed with the divorce, here is some more information to help you along the way.

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