By Jennifer J. Moore, California family law attorney · Companion article to Courtroom Ready™ Episode 3. Legal education, not legal advice.

The steps you take before you file anything with the court can shape your entire divorce case — for better or worse. Here is the pre-filing preparation experienced California family law attorneys teach their own clients.

What documents should I gather before filing for divorce?

Gather financial and household records while you still have easy access — because access changes once a divorce begins. Accounts get moved, passwords get changed, and paperwork migrates. The document you can print today with no drama may take a court order to get six months from now. Start with: tax returns, pay stubs, bank and retirement statements, credit card statements, mortgage or lease papers, titles and registrations, insurance policies, and the monthly bills that show what it costs to run your household. Photograph or scan them, and store copies somewhere the other party cannot reach.

One bright line: gather only what you have legitimate access to — your own accounts, joint accounts, documents in the home you share. Never guess passwords, log into accounts that are not yours, or install anything on anyone’s phone. Beyond the legal problems that can create, it destroys the most valuable thing you bring to court: your credibility.

What financial information will the court require?

California divorce cases run on mandatory financial disclosures — the declarations of disclosure (often called DODs) listing every asset and debt, and the Income and Expense Declaration listing all monthly income and expenses. Before you file, make four lists: what you owned before marriage (plus anything inherited); what was acquired jointly during the marriage; your pre-marriage debts; and debts acquired during the marriage. The organized party fills out these forms accurately and on time — and every number the other side can prove wrong costs credibility.

What should a pre-filing plan cover?

Keep it flexible — plans change. Answer six questions before you file: How will you pay your financial obligations? Where will you live during the process? What are your transportation options? Who will care for the kids and pets, and how will parenting time work? How will filing affect daily life — work, routines, extended family? And what questions do you have about the process itself? Write them down.

Which decisions should I slow down on?

Some decisions are hard to undo: moving out of the family home, decisions about the children, moving large sums from joint accounts, borrowing against retirement, quitting a job, or signing anything the other side drafted. A decision that can wait a week for good advice should wait the week. And if there is violence or fear in your home, safety comes first — your court’s self-help center and domestic violence organizations can help you plan safely (National DV Hotline: 800-799-7233).

Do I need an attorney to file for divorce in California?

Not necessarily — many Californians represent themselves — but a paid, case-specific consultation with a licensed California family law attorney can answer your questions up front and flag the issues in your case. Come prepared with your lists and questions and you multiply the value of that hour. California is a no-fault state: the reason the marriage ended does not affect property division, support, or custody — though domestic violence and child abuse carry separate legal implications.

Common questions

Does it matter who files first in a California divorce?

Filing first does not create a legal advantage in how property, support, or custody are decided. What matters far more is preparation — the organized, informed party presents their case better regardless of who filed.

Is California a no-fault divorce state?

Yes. Infidelity or the reason the marriage ended does not change property division, spousal support, or custody. Domestic violence and child abuse are treated differently and have their own legal consequences.

Watch the full episode: Episode 3 of the Courtroom Ready™ series covers all of this in about eleven minutes — find it on our Videos page. Then grab the free checklists and worksheets on the Free Resources page, or go deeper with the FCS Mediation Ready — CA workbook.

Legal education, not legal advice. Reading this article does not create an attorney-client relationship. Every case is different — consult a licensed California attorney or your court’s free self-help center. © 2026 Jennifer J. Moore.