Jane-Ashley McMillan, Attorney at Law

Do you know what documents you need during a divorce?

When it comes to divorce you should expect paperwork. Providing documents that show the property you have is a key element to the divorce process. Before the assets of a marriage can be divided, each spouse must provide documents that will be used to identify and value those items. Everything that represents each spouse regarding money and property is revealed by the documents provided during the divorce.

As soon as you begin the process of divorce you should start collecting these documents and storing them in a safe place. Some documents may be difficult to hunt down. If you know what those are, start looking for them first. You should make copies of all your documents because losing an original copy may take a lot of time to be replaced.

Here is a list of documents that you will need to supply during your divorce:

  • Marital agreement: This will include prenuptial, postnuptial or separation agreements.
  • Monthly bills and expenses: Collect the statements from mortgage payments, car, utility bills, rent, loans and for each credit card.
  • Tax returns: You should have your tax returns from the previous two years. Get a copy of your spouse’s return if you filed separately.
  • Pay stubs: Gather pay stubs that go back two years. Make sure you include income from other sources such as rental properties or a side business.
  • Debts: Collect all documentation that shows debts from loans you have on your own with your spouse.
  • Real Estate: Get the title of your home and mortgage documentation including promissory note and other real estate documents such as lease agreements.
  • Document your property: List out all the property you own which will include furniture, clothing, art, jewelry, personal items and home furnishings.
  • Retirement information: This includes 401K, pension plans, ESOP and profit sharing.
  • Business documents: If you own a business with your spouse, get paperwork that can show how ownership of the business may break down.
  • Estate planning: This paperwork includes your will, trust or if you assigned power of attorney.
  • Bank statements: Obtain bank statements including check stubs and deposit slips for the last three months.

The above information includes the main areas where you need to provide documentation during a divorce. Your attorney may request other documentation that is relevant to your situation. As you are gathering this information if you see something that you believe is relevant, it is better to include it and review it with your attorney.

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