Preparing to Divorce in 2026? 5 Things to Know Before Taking the First Step
For confidential legal guidance in your divorce, request an attorney consultation today.TL;DR: Divorce On Your Mind?
If you have decided to divorce in 2026, take time to prepare before making your first move. Learn about your financial situation, understand New Jersey divorce options, get legal advice early, and do the emotional work needed to make sound decisions. With the right preparation, you can protect your rights, your children, and your peace of mind. Talking to a family law attorney before filing can clarify your options and help you take confident, informed steps forward.
Making the decision to divorce can bring a sense of relief, but it can also feel overwhelming. You may be unsure about what to do first, worried about your children, or anxious about how you’ll manage financially on your own. Before you take action, it’s essential to pause, plan, and prepare. The choices you make now will shape not only the outcome of your divorce, but your life moving forward.
As you take your first steps on this new path, here are five important guidelines to help point you in the right direction.
1. Learn About the Divorce Process in New Jersey
Divorce doesn’t look the same for everyone. In New Jersey, you can choose from several paths:
- Uncontested Divorce: Both spouses agree on major issues like property, support, and custody. This is typically faster and less expensive.
- Mediated Divorce: A neutral mediator helps you and your spouse reach agreements cooperatively.
- Contested Divorce: Used when there’s major disagreement or safety concerns. The court decides unresolved issues.
Understanding your options early helps you decide which route may best fit your situation, and how to prepare accordingly.
2. Gather Financial Information
Before filing, collect as much information as possible about your finances. This includes:
- Bank and investment account statements
- Pay stubs, tax returns, and loan documents
- Property deeds, vehicle titles, and insurance policies
Having this data ready helps your attorney give you accurate guidance and prevents your spouse from controlling or hiding key information later. Get our free financial checklist for a complete list of documents to gather.
3. Protect Your Emotional and Physical Well-Being
Divorce is emotionally intense. Give yourself time to think and seek support from trusted friends, a therapist, or a counselor.
If your relationship involves abuse or intimidation, prioritize safety. A temporary restraining order (TRO) may be available to protect you from harm. No one should feel trapped in an unsafe situation — legal protections exist to keep you safe as you move forward.
4. Avoid Rash Decisions
When emotions are running high, it’s easy to react in the moment — but impulsive choices during a divorce can create serious problems down the road. Leaving the home without a plan, moving money between accounts, canceling credit cards, or making big financial changes before speaking with an attorney can all lead to unintended legal and financial consequences.
These actions may affect child custody, financial support, or even how marital assets are divided. Before making any major move, pause and get professional guidance. A brief consultation with an attorney can help you understand the potential impact and ensure you’re protecting both your rights and your long-term stability.
5. Talk to an Experienced Family Law Attorney Early
Even if you’re still undecided on whether or not you and your spouse will ultimately divorce, a consultation early on in the process can provide valuable clarity. An attorney can help you understand:
- Your rights regarding property, custody, and support
- How to protect assets and credit
- What steps to take (or avoid) before filing
Knowledge brings peace of mind. You may leave the meeting realizing that you’re ready, or that you still have time to prepare. Either way, you’ll feel empowered to make your next move.
Here when you need us
If divorce has been on your mind, you don’t have to face the uncertainty alone. The attorneys at Weinberger Divorce & Family Law Group have guided thousands of New Jersey individuals through this decision-making process with compassion and clarity.
Call us today at 888-888-0919 for a confidential attorney consultation and take the first step toward understanding your options for securing your future.
FAQs: Considering Divorce in New Jersey
Do I have to be separated before filing for divorce in New Jersey?
No. You don’t have to live separately before filing. If you have been living apart, it can sometimes simplify the process.
What are the legal grounds for divorce in New Jersey?
Most divorces are filed under irreconcilable differences (six months). Fault-based grounds like adultery or cruelty also exist but are less common.
How can I tell if divorce is the right decision?
Speak with a counselor or attorney to clarify options. Understanding your rights helps you make an informed, less emotional decision.
What should I avoid doing before filing for divorce?
Avoid emptying joint accounts, hiding assets, or making major life changes like quitting your job. These can harm your case and finances.
How long does a divorce take in New Jersey?
Uncontested divorces may take a few months; contested cases can take longer depending on complexity and court schedules.


