How to Prepare for Divorce in California — A Practical Guide

The period before a California divorce is filed is one of the most important — and most often wasted — windows in the entire proceeding. Clients who prepare thoroughly before filing are better positioned legally, financially, and emotionally than those who react to events as they unfold. This guide covers the practical steps that produce better outcomes in California divorce proceedings.

Gather and Preserve Financial Records

Before any papers are filed and the Automatic Temporary Restraining Orders restrict access, download and save copies of all financial records you can access: the last three years of joint and individual tax returns; bank statements for all accounts going back at least two years; credit card statements for all accounts; mortgage statements, HELOCs, and any real estate-related documents; investment and brokerage account statements; retirement account statements (401k, IRA, pension) showing current balances and contribution history; and business financial records if either spouse owns or is an owner in a business. These records establish the marital estate baseline and are far harder to obtain through formal discovery than through proactive collection before filing.

Document Separate Property

Under Family Code §770, property owned before marriage and inheritances or gifts received during marriage are separate property — but you bear the burden of proving it. Gather now: pre-marital bank statements showing account balances before your wedding date; records of any down payments on real estate made with pre-marital funds; documentation of inheritances (estate accountings, trust distributions, gift letters); and records of any significant gifts received from family members during the marriage. The more complete this documentation, the stronger your separate property claims.

Understand Your Income and Expense Picture

Both child support and spousal support are calculated using income figures. Before the proceeding begins, understand your own income accurately — including all sources — and develop a realistic picture of your actual monthly expenses. Prepare an honest income and expense declaration (FL-150 is the form) before you need to file it so you understand what it will show. If your spouse is self-employed or owns a business, gather what records you can access about business revenue and income — these will be central to the support calculation.

Consult an Attorney Before Filing or Being Served

An initial consultation with an experienced California family law attorney before any papers are filed allows you to: understand what California law actually provides in your specific situation, not what you have heard from friends; assess the strength of your separate property claims and any valuation issues; understand the ATROS requirements so you comply from day one; develop a strategy for temporary orders — custody, support, property use — that you should seek immediately upon filing; and make an informed decision about whether and when to file. Many attorneys offer initial consultations specifically for this pre-filing assessment.

Address Living Arrangements

Decide whether you will remain in the family home or move out before the divorce is filed. Both choices have implications. Remaining in the home preserves your occupancy and your children's routine, but may require obtaining a court order to have the other spouse leave if they refuse. Moving out voluntarily does not constitute abandonment of property rights or custody rights — but it may create a status quo around the children's living situation that becomes difficult to change. Discuss the implications with your attorney before making this decision.

Open Individual Financial Accounts

Before filing, you may open an individual bank account in your own name — there is nothing improper about having a separate account. After the ATROs take effect, your post-separation earnings may be your separate property under Family Code §771, and depositing them in an individual account rather than a joint account is appropriate. Do not transfer community property into the individual account — only deposit your own earnings going forward.

Prepare for the Children's Transition

If the marriage has produced minor children, their welfare during the transition is the most important practical consideration. Think through what parenting arrangement would best serve your children's needs and be prepared to articulate it specifically and with a focus on the children's interests rather than your preferences. Courts respond to parents who demonstrate child-centered thinking rather than adversarial positioning. Consider how school, activities, and existing routines will be maintained, and what your realistic availability for parenting time looks like given your work schedule.

What Not to Do Before Filing

Do not transfer community property to relatives or friends, empty joint accounts beyond ordinary living needs, cancel insurance coverage, change beneficiary designations on major accounts without legal advice, take the children out of state without your spouse's agreement, or post about your divorce on social media. Each of these actions creates legal exposure, generates contempt risk after the ATROs take effect, and provides opposing counsel with evidence that you have not acted in good faith. The preparation window is for organization and information-gathering — not for strategic asset moves.

Serving Orange County and Riverside County Clients

Furubotten Law, APC provides pre-filing consultations and comprehensive representation for clients throughout our service area. Call (714) 795-3862 to discuss your situation before you file or are served.