⚖️ Divorce & Separation

Divorce & Separation Guide

Divorce touches every part of your life — finances, housing, parenting, and identity. Lumeway helps you understand what needs to happen, protect yourself, and move forward one step at a time.

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See rules specific to your state:

What to expect

A timeline of what
needs to happen

Each phase has specific tasks and deadlines. Lumeway helps you stay on track so nothing falls through the cracks.

Immediately

Protect yourself first

  • Secure copies of all financial records (tax returns, bank statements, investment accounts, debts)
  • Open an individual bank account in your name only
  • Document all shared assets and debts
  • Consult with a family law attorney before making major decisions
First 1–2 weeks

Legal and financial foundations

  • File temporary orders if needed (asset freeze, temporary custody arrangement)
  • Notify mortgage company or landlord of changing circumstances
  • Update emergency contacts at work, school, and medical providers
  • Begin gathering financial disclosure documents (required in most states)
First 1–3 months

Negotiate and divide

  • Complete mandatory financial disclosure
  • Negotiate custody and parenting plan (or begin mediation)
  • File QDRO to divide retirement accounts
  • Evaluate health insurance options (COBRA or marketplace if losing spouse's coverage)
3–12 months

Finalize and rebuild

  • Finalize settlement agreement or prepare for trial
  • Update your will, power of attorney, and beneficiaries
  • Retitle property, vehicles, and accounts
  • Establish new household budget based on single income

Critical deadlines

Don't miss these
time-sensitive steps

30 days
Temporary restraining order on assets

Some states issue automatic asset freezes upon filing; others require a separate motion. Missing this can allow a spouse to drain accounts or hide assets.

60 days
COBRA health insurance

If you lose coverage through your spouse's employer, you have 60 days to elect COBRA continuation. After that, the window closes permanently.

90 days
QDRO for retirement accounts

A Qualified Domestic Relations Order should be filed with or shortly after the divorce decree. Delays can complicate retirement account division significantly.

Varies by state
Residency requirement

Most states require 6 months to 1 year of residency before you can file. Check your state's requirement before beginning the process.

Tax year
Filing status change

Your tax filing status is based on your marital status as of December 31. The year your divorce is finalized, you'll file as single or head of household.

No deadline
Update beneficiaries

Retirement accounts, life insurance, and transfer-on-death designations may still name your ex-spouse. Update these as soon as the divorce is final.

You
I'm thinking about filing for divorce but I don't know where to start.
L
That's a really big step, and it's okay to take your time thinking it through. Before anything else — what state are you in? The process is different depending on where you live.
You
Texas.
L
In Texas, you'll need to have been a resident for at least 6 months before filing. There's also a mandatory 60-day waiting period after filing before a divorce can be finalized. The first thing I'd recommend is securing copies of all your financial records — tax returns, bank statements, retirement account balances. Do you have access to those?
You
Some of them. My spouse handles most of the finances.
L
That's very common. Start by gathering what you can — you're legally entitled to all joint financial information. I can help you make a checklist of exactly what to collect. Would that be helpful?

See it in action

See how Lumeway helps

Try Lumeway's guidance navigator -- it walks you through each step of your transition. Plus, track everything in your personal dashboard.

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National resources

Trusted organizations
that can help

🏛️
LawHelp.org

Find free and low-cost legal aid in your state for divorce, custody, and family law matters.

lawhelp.org →
🛡️
WomensLaw.org

Legal resources and safety planning for anyone experiencing domestic violence during separation.

womenslaw.org →
👨‍👩‍👧
OurFamilyWizard

Co-parenting communication platform for managing custody schedules, expenses, and messaging.

ourfamilywizard.com →
📋
Divorce.com

State-specific divorce filing guides, forms, and requirements.

divorce.com →

Common questions

Frequently asked
questions

Quick answers to help you understand what to expect and what to prioritize.

Consult a family law attorney before leaving the marital home. In some states, moving out can weaken your position on property rights or custody. Get legal advice specific to your situation first. Lumeway can walk you through this →
It varies significantly by state and complexity. An uncontested divorce with no children can be finalized in 2–6 months in many states. Contested divorces involving custody, significant assets, or disputes can take 1–3 years.
In community property states (like California and Texas), marital assets are generally split 50/50. In equitable distribution states (the majority), courts divide assets "fairly" — which doesn't always mean equally.
A Qualified Domestic Relations Order is a legal document that divides retirement accounts (401k, pension) in a divorce. If either spouse has a retirement account earned during the marriage, you almost certainly need one.
Yes. Most courts will include a legal name change as part of the final divorce decree if you request it — this is typically the easiest and cheapest way to do it.
Many states have legal aid organizations that provide free or low-cost divorce assistance. You may also qualify for a court fee waiver. LawHelp.org can connect you with resources in your state.

Ready to protect yourself
and move forward?

Lumeway helps you understand the process and timeline of your divorce — from knowing what to do first to organizing what comes next.

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