Filing for Divorce? Getting yourself organized before you hire an attorney or mediator can save you thousands. Here’s a checklist of documents you and your spouse may need throughout the process. You should also prepare a list of all personal property, including that acquired prior to and during the marriage and debts. Contingent upon your particular situation, not all of the items to be listed will be required. It is recommended that next to each item, note who has actual possession and where it is physically located.
If your spouse proves uncooperative in the compilation of such documentation, you may need to enlist the assistance of an attorney-at-law in order to protect any rights you may have to any asset or property that your spouse may be attempting to withhold for their individual purposes. An attorney can issue formal discovery, hold depositions and issue subpoenas to get these documents. However, it’s musch less expensive to work together to compile a good financial picture of your community property BEFORE you start the divorce process and avoid the extreme expense and stress of litgation unless absoloutely necessary.
FINANCIAL DOCUMENTS YOU MAY NEED:
TAX RETURNS
Federal (past five years)
State (past five years)
Local (past five years)
PAYROLL STUBS and FEDERAL W-2 FORMS (past five years)
BUSINESS TAX RETURNS (Corporate, partnership, or sole proprietorship)
BUSINESS FINANCIAL STATEMENTS
Net worth – balance sheet or list of assets and liabilities
Cash flow or income and expense statement
RECORDS REGARDING ANY OTHER RECEIVED INCOME (i.e., investment property, rental/lease agreements, stock dividends, profit sharing plans, pension benefit payments, etc.)
RECORDS REGARDING MONTHLY LIVING EXPENSES (i.e., monthly billing statements, grocery receipts, etc.)
PRE- and POST-MARITAL (NUPTIAL) AGREEMENTS
ALL DOCUMENTS RELATING TO PREVIOUS DIVORCE SETTLEMENTS (including property ownership documents)
WILLS AND/OR TRUST DOCUMENTS
STATEMENTS OR DOCUMENTS PERTAINING TO:
Savings accounts
Checking accounts
Certificates of Deposit
Mutual Funds
Cash Management accounts
Stock Certificates
Safe Deposit Box inventory
Brokerage firm accounts
Credit Union accounts
Credit Card accounts
Equity Credit Line accounts
Commodities
Collections (gold, coins, stamps, etc.)
Titles (cars, trucks, motorcycles, boats, etc.)
INSURANCE POLICIES
Life
Automobile
Homeowner’s (Fire, Hazard, Earthquake, Flood)
Personal Umbrella
Liability
Disability
Renter’s
Health (parents + children)
EMPLOYEE / GROUP INSURANCE BENEFITS (for both spouses)
Medical
Life
Disability
BENEFITS
Expense accounts
Automobile allowances
Cafeteria plans
Sick pay
Stock options
Travel allowances
Bonuses
Deferred compensation
Military
Severance pay
Vacation pay
RETIREMENT PLANS
401 K plans
Money purchase plans
Employee Stock Option plans
Tax Sheltered Annuities
Keoghs
Profit sharing plans
Thrift plans
Defined benefit plans
IRA or SEP-IRAs
Roth IRAs
STATEMENTS OR DOCUMENTS RELATING TO:
Inheritances, gifts, etc.
Personal Injury Awards
REAL ESTATE RECORDS (for all properties owned: Principal residence, Second home, Investment property)
Original Mortgage / Deed of Trust
Copy of Note
Purchase Agreement
Uniform Residential / Commercial Appraisal Reports
Rental / Lease Agreements
INFORMATION ON DEBTS AND LIABILITIES
Promissory notes (mortgage, etc.)
Personal loan documents
Secured loan documents
Insurance payments
Medical and Dental expenses
Utility, telephone, television cable bills
Grocery receipts
Laundry and Cleaning
Miscellaneous Household items
Clothes
Incidentals
Dues (union, club, etc.)
Entertainment expenses
Attorney fees
HOUSEHOLD FURNITURE AND ANTIQUES (be very detailed and specific)