Documents to Gather if You're Considering Divorce Text Size:

Getting a divorce is a very stressful event. Your attorney will need a wealth of information in order to prepare your case. You can help save some valuable time and money by gathering copies of necessary documents and records before it may become too difficult to get them after the divorce process begins.

Why Gather Documents

If you are planning to get a divorce, certain documents and records must be collected to satisfy information requirements of the court such as evidence of the existing marriage, residency, minor children of the marriage and the nature and extent of marital assets that must be divided between you and your spouse. You can help speed up the process, make the document collection process easier and save money by gathering the documents yourself rather than having your attorney attempt to collect them later from your spouse's attorney.

Personal Records

The following list of personal documents and records contain information about you, your spouse and your children that your attorney needs to prove the existence of the marriage, citizenship, marriage and children of the marriage and to determine the court's authority over the parties to grant a divorce:

• Birth certificates
• Immigration and naturalization documents
• Social Security cards
• Death certificate of prior deceased spouse
• Court decrees and judgments in proceedings with prior spouse
• Separation agreements, antenuptial or prenuptial agreements and other agreements between you and your current spouse

Financial Documents and Property Records

The following list of documents contain vital information about your and your spouse's income, savings, assets, debts and expenses that are important in determining such matters as child support, spousal support and the division of marital property between you and your spouse:

• Federal, state and local income tax returns for the last three to five years
• Payroll statements, pay stubs and overtime and bonus records
• Pension or retirement plan, annuities, individual retirement account (IRA) documents
• Insurance policies including life, health, automobile and homeowners insurance
• Real estate deeds, contracts or leases
• Mortgages, loans, credit card statements and other records showing debt
• Bank checking and savings accounts, cancelled checks, checkbook journals and deposit slips
• Household budgets or expense records
• Expense or billing statements for food, rent, utilities, clothing, household goods, repairs, gas, education, vacations, entertainment, subscriptions and other expenses

Business Documents and Records

If you or your spouse operate a business, the following list of documents and records should be collected:

• Corporate or business federal, state and local income tax returns
• Business profit and loss statements
• Business balance sheets
• Business financial statements
• Corporate records and minute books including articles of incorporation and bylaws
• Partnership agreements
• Shareholder agreements
• Business credit card statements and records
• Business insurance policies
• Business contracts
• Deeds, mortgages, leases and other real estate interests held by the business

Other Documents and Records

The following documents and records may prove to be helpful to your attorney in protecting your interests throughout the divorce process:

• Photographs of you, your spouse and your children
• Letters, cards and notes written by or to you, your spouse and your children
• Movies, videotapes and tape recordings of you, your spouse and your children

You will be surprised to find that documents that were readily available to you before the divorce suddenly disappear after the divorce process begins. You can help make life easier for yourself during the divorce by doing all you can to gather the documents your attorney needs before the divorce action begins. If you cannot obtain certain documents, such as the contents of a safety deposit box, for review by your attorney, then it is important to make a detailed list describing the documents noting dates, document titles and what the document is about.

Questions for Your Attorney

• My spouse owns a business, but I no longer have access to business records. How can I get copies?
• My spouse has taken personal documents, like my birth certificate and the Social Security cards for our family members; does my spouse have to give them back?
• If I didn't keep copies of the documents I'll need during my divorce, how likely is it that my spouse will cooperate in sharing them, or will I have to seek help from attorneys and the courts?

Related Resources on Lawyers.com^sm