What Documentation Do I Need to Gather During the Divorce Process?

Divorce is a complex process.  After all, untangling two lives that have become intertwined over many years isn’t easy.  There are many decisions you’ll have to make during the divorce process.  As you prepare to make those decisions – decisions regarding the division of property (including your assets and debts), the potential sale of your home, the updating of your legal and insurance documents, and other important matters, gathering information pertaining to those matters ahead of time will help to simplify matters to some degree.

It is also unfortunate to say, but important to be aware, that in a divorce, relationships can become extremely strained. Often, people can become so emotional that they act in unpredictable ways which are completely out of character. It is not unusual for a spouse to take paperwork without the other spouse’s knowledge, or even to destroy important paperwork in anger, or out of a desire for revenge. Even if you may not expect that sort of behavior from your spouse, it is still a wise precaution to save copies of important documentation and information while you still have access to it.

Certainly, the information needed will vary depending upon your unique circumstances. However, information that is usually helpful to gather includes:

• Income Tax Returns (including any W-2s and work-related 1099s);

 

• Documentation related to property, including:
  • Real estate deeds;
  • Mortgages;
  • Bank account statements;
  • Retirement account documentation (including documentation pertaining to pensions and 401(k)s);
  • Proof of ownership of any valuable personal property

 

• Business Documents: If you and/or your spouse own a business, it will also be important to obtain as much documentation as possible about that business. Helpful documentation might include:
  • Business tax returns and financial statements;
  • Documents indicating the assets and liabilities of the business, including real estate, personal property, and bank accounts, in addition to records of outstanding loans and other business debt; and
  • Organizational paperwork, including incorporation, by-laws, LLC operating and/or partnership agreements, and any business appraisals or valuations.

 

• Other Pertinent Information: Other documentation that may be helpful to gather includes:
  • Birth certificates and social security documentation for all family members;
  • Any prenuptial, postnuptial, or separation agreements that you entered into with your spouse;
  • Copies of any life or health insurance policies;
  • Credit card statements;
  • Documentation of any investments;
  • Any other information you feel may be helpful to a court in making determinations on key issues during the divorce process.

 
With respect to any documentation you may gather, it is always best to collect at least three to five years’ worth of information if possible, or more if you have been in a long-term marriage. Although gathering this information may be time-consuming and tedious, it is a worthwhile effort in the long run in order to save yourself time, expense, and headache down the road.  

​If you need to speak with an experienced divorce attorney, please contact Adkins Law to arrange a consultation. 

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