You have been thinking about it for months, maybe years. The marriage is over, and you are finally ready to pull the trigger. You want to march down to the Prince William County Courthouse in Manassas, file the papers, and get the process started.
Stop.
Filing for divorce without a strategic plan is like jumping out of an airplane and hoping you can sew the parachute on the way down. Once the legal machinery of the Prince William County Circuit Court is in motion, it is very difficult to hit the brakes.
If you are preparing to initiate a divorce, what you do before you file is just as important as what you do after. Here is the critical pre-divorce checklist you need to complete to protect yourself.
1. Secure Your Financial Documentation
The moment your spouse realizes a divorce is happening, financial documents have a funny way of disappearing. Passwords get changed, filing cabinets get locked, and mail gets redirected.
Before you breathe a word about filing, you need to gather a comprehensive snapshot of your marital estate. Make digital copies of:
- The last three years of tax returns
- Recent pay stubs for both of you
- Statements for all bank accounts (joint and individual)
- Statements for all retirement accounts (401ks, IRAs, pensions)
- Mortgage statements and property tax assessments
- Credit card statements and loan documents
Store these copies in a secure location that your spouse cannot access, such as a new, private email account or a safe deposit box.
2. Open a Private Bank Account and Establish Credit
If you do not already have a bank account in your name only, open one immediately at a different bank than the one you use for your joint accounts. You will need a secure place to deposit your paycheck and pay your legal fees.
Similarly, if you do not have a credit card in your own name, apply for one now. During a divorce, joint credit cards are often frozen or closed to prevent one spouse from running up massive debt. You need to ensure you have access to emergency funds and can begin building your own independent credit history.
3. Inventory Your Valuables
Walk through your home and take a video inventory of your belongings. Open closets, look in the garage, and document valuable items like jewelry, artwork, electronics, and tools.
In contentious divorces, it is not uncommon for valuable items to suddenly “go missing” before they can be appraised and divided. Having a date-stamped video record proves that the items existed in the home prior to the separation.
4. Do Not Move Out (Yet)
Unless you are in physical danger, do not pack your bags and leave the marital home without speaking to an attorney first.
Moving out can have severe legal consequences in Virginia. It can be construed as “desertion,” which is a fault-based ground for divorce. Furthermore, if you leave the home, you are leaving your children behind, which can severely damage your chances of obtaining primary physical custody later on. Stay put until you have a legal strategy in place.
5. Consult with a Prince William County Attorney
Do not rely on advice from your divorced friends, and do not trust everything you read on the internet. Virginia family law is highly specific, and the judges in Prince William County have their own procedural preferences.
You need to consult with a lawyer before you tell your spouse you want a divorce. An attorney can help you understand your rights regarding spousal support, estimate child support obligations, and build a strategy for dividing your assets.
Frequently Asked Questions Before Filing
Do I have to prove my spouse did something wrong to get a divorce?
No. Virginia allows for “no-fault” divorce. You simply need to prove that you and your spouse have lived separate and apart for the required statutory period (one year if you have minor children, or six months if you have no minor children and a signed separation agreement).
Can I use the same lawyer as my spouse to save money?
No. It is a conflict of interest for one attorney to represent both spouses in a divorce, even if you agree on everything. One attorney can draft the paperwork, but they only represent one of you. The other spouse should always have their own independent counsel review the agreement before signing.
Where do I actually file the paperwork?
Divorce cases in Prince William County are handled by the Circuit Court, located at 9311 Lee Avenue in Manassas. However, you should not attempt to file the initial Complaint for Divorce yourself; your attorney will handle all filings to ensure they meet the court’s strict formatting and procedural rules.
Plan Your Exit Strategy
A successful divorce requires preparation, not just reaction. If you are ready to take the next step, do it with your eyes wide open and a fierce advocate by your side.
At Raheen Family Law, we help Prince William County residents build strategic, proactive plans before the legal battle begins. We will review your financials, explain your options, and ensure you are fully protected before you file. Contact us today or call our Fairfax Divorce Lawyer Now! at 703-223-5295 to schedule a confidential consultation with an experienced Prince William divorce lawyer.