Documents You Will Need to File A Divorce

When you are faced with the prospect of divorce whether you are the one requesting the divorce or you are the one who is being left, it is best to prepare yourself as soon as possible.  Everyone would like to believe that things will flow smoothly, property will be divided fairly, custody will be fair, and no one will try to take advantage of each other.  However, the truth, more often than not is that, things do not go smoothly, and in the end one or both parties will end up seeking the advice of an attorney.  Therefore, it is best as soon as the topic of divorce has been mentioned to gather all the information and documentation you will need to make sure everything you are entitled to you will receive.  You will be surprise how documents may suddenly disappear once the word “divorce” is mentioned.  If you need access to documents that you are unable to locate make a list and give it to your attorney.  He will assist you in how to obtain these documents or access to them.                 

In a divorce case, evidence is needed to support your case, and evidence requires proof.  Proof in a legal case requires hard evidence.  These are some of the documents the court may require you to produce in order to validate your claim:  

Real Estate Papers

This would include copies of any deeds or mortgages to property.  You must have certified copies from the Clerk of Court office.  If there was real estate that is currently owned by you, but was purchased prior to the marriage, you must produce documentation proving this, such as Deed of Trust.  In addition, possible documents needed would be warranty deeds, purchase documents, refinancing documents and amount owed.  Latest statements indicating payoff balance and creditor’s statement indicating payoff position and terms.  Any property appraisal acquired for the loan or if the loan was refinanced or an equity loan was taken.  Tax assessment papers relevant to real estate owned by the parties.  

Savings and checking accounts

You will need savings passbooks, savings certificates, bank statements and lists of any stocks owned by one or both parties.  

Income Documents

You will need copies of paystubs and tax returns with supporting documentation.  If you or your spouse operate a business, you will need: corporate or business federal, state and local income tax returns, business profit and loss statements, balance sheets, financial statements, articles of incorporation, partnership and shareholder agreements, credit card and bank statements, insurance policies and contracts, and deeds, mortgages, leases and other real estate interests held by the business.  Any copies of financial statements, which show your net worth.  

Pension Accounts

Any pre-marriage account statement and account statements of pensions.  This should also include, retirement, profit sharing/401K plan, mutual funds and IRA’s  

Credit Card Accounts

Records of all credit card statements.  If you have any questionable purchases or charges, these should be brought up to your attorney.  

Photographs, Letters and Emails

Any correspondence between you and your spouse (for example an admission of liability etc.), or communication between your spouse and a third party (i.e.: affair).  Photographs of you, your spouse and your children.  

Automobiles

This should include title and registration owned by you and your spouse or individually, any loans or leases on the vehicles and the outstanding debt on not only automobiles, but also any recreational item such as boat’s, RV’s etc.  

Expenses

You should put together a list of monthly expenses with documentation for the expenses.  Be reasonable and fair and take care not to inflate.  The court will use this in granting temporary alimony or child support.                 

As hard as it may seem and as much emotional distress as you may be in it is essential to have all the evidence, which can support your case.  A legal expert experience in family law will help you and make sure you gather the correct documentation and proceed in the proper manner so that your best interests are met.  

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