Welcome to Why A Divorce
Divorce Help Article
For a permanent link to this article, click here.
Seven Sets of Documents You Need For Your Divorce
from: Scott MorganThis article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.
You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.
Here are the most important seven categories of documents you should focus on.
1. Income Documents
Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.
2. Bank Records
The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.
3. Retirement and Other Investment Records
Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.
4. Credit Card statements
Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.
5. Real estate documents
The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.
6. Mortgage statements & any Other Debts
You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.
7. Relevant emails or other correspondence
Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.
Conclusion
Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.
About the Author
Scott Morgan has been a practicing divorce attorney since 1994. To learn about California divorce visit www.california-divorce-info.com for a litany of divorce resources, a free newsletter, and a local attorney directory.
Divorce Help News
DivorceCare seeks to help those hurting from divorce or separation
By Gail Hollenbeck, Times Correspondent Friday, February 3, 2012 Going through the pain of separation or divorce can seem overwhelming. DivorceCare, an international organization based in Wake Forest, N.C., and some local churches want to help. "DivorceCare is a friendly, caring group of people who will walk alongside you through one of life's most difficult experiences," says the organization's ...
Read more...Self-help book deals with divorce
Lisa Thomson with her new self-help book The Great Escape: A Girl's Guide to Leaving a Marriage. She says getting a divorce can be overwhelming and is one of the biggest decisions a person can make.
Read more...Want a divorce? Take a class
Want a divorce? Take a class By Lee Davidson The Salt Lake Tribune Published Feb 1, 2012 03:58PM MDT Before a married person with children can even file for divorce, they would need to complete a free state “divorce orientation” course, under a bill that cleared it’s first legislative hurdle Wednesday. The measure also would reinstate a 90-day “cooling-off period” between when someone files for ...
Read more...Edra J. Pollin: Going Through A Divorce Without Going Crazy
Check out the desk of a family law attorney and you're likely to see a box of tissues positioned on the client's side of the desktop. During the early stages of the divorce proceedings, the tissue box gets plenty of use.
Read more...Divorce Financial Expert to Address Financial Services Group
Rosemary Frank, MBA, CDFA, CFDP, CFDS, divorce financial expert, will address financial services professionals at the February 17 luncheon meeting of the National Association of Insurance and Financial Advisors (NAIFA).Brentwood, TN (PRWEB) February 02, 2012 Rosemary Frank, MBA, CDFA, CFDP, CFDS, divorce financial expert, will address financial services professionals at the February 17 luncheon ...
Read more...