Attorneys want documents because dry ink doesn't lie. Find information and instructions on filing for divorce or legal separation to end your marriage or domestic partnership (or both), with a step-by-step guide to filling out and filing your papers in court. Click for the information sheet on the Legal Steps for a Divorce or Legal Separation (FL-107-INFO). Bank account statements; 2. Before your divorce, you had one house payment, one set of utility bills, one health insurance policy and so forth.  Now, you and your spouse will now have two of each of these (and many others) to deal with.  This means you’ll need to have a thorough understanding of your current and future expenses. Finally, understand that being organized has a lot of payoffs, but you need to be resolved to the fact that it will take time.  Don’t be in a hurry.  Don’t cut corners. Examples of these are restraining orders on your spouse, temporary maintenance, child custody, and visitation. Grounds for divorce. If you’re in the dark about your finances, that’s okay. Both Federal and State tax returns for the past 5 years, including all schedules, attachments, and W-2 forms as well as any “K-1” forms from business entities. This should include: 1. ​, How to Negotiate a Fair Divorce Settlement, Thinking About Divorce? The Family Law Act 1975 established the principle of no-fault divorce in Australian Law. Provide cost basis (including improvements, etc.). Also provide copies of checks or records of refunds if received individually by either party before or after separation. Intellectual Property–Records reflecting any patent, trademark, copyright, licensing agreement, royalty, or other intellectual property rights. Updating your will is inexpensive, fast, and easy compared to writing a new one, and you can remove an existing beneficiary and change the executor in the blink of an eye. List of property owned by each spouse prior to marriage, List of property acquired by each spouse individually by gift during the marriage, Inheritance: If you’ve received an inheritance, provide details (who did you receive it from, when, how much did you receive, and where did it go?). (Cost basis is needed on all non-retirement account assets.). Vehicle Information 4. Divorce is not an easy task. Fill in a divorce application form D8 (‘divorce petition’) to start a divorce. Details about their child support, if applicable: Who provides health insurance for the children in this marriage? Documentation is a critical part while filing for divorce. You and your spouse will be required to complete financial affidavits as part of the divorce process. Choose wisely. That’s why we put together the ultimate divorce checklist which lays out the information you need to prepare for divorce. Include a statement about your separation and pending divorce. Also, provide terms of current loan: date opened, original loan amount, current interest rate, length of loan. Retirement accounts and Pensions (401k, defined benefit and defined contribution plans). These will include income tax returns and proof of other forms of income related to any marital debt, assets, property valuations, and so forth. Divorce doesn't have to be messy, costly or complicated if you plan for it. Cafeteria Plans/Other Benefits – Provide most current statement or description of cafeteria benefit plan, incentive or bonus plan and any other employment benefit in which either spouse participates. Your credit may be affected, and you may lose discounts on things like auto insurance, cell phones and other related expenses.  It’s also critical to document these things if you are expecting to collect alimony and child support in the future. If there are computer generated financial statements, those should be provided in electronic form along with a paper copy. Provide accrued vacation hours if not shown on paystub. Corporate and Partnership Tax Returns. If card has reward points/frequent flyer miles, provide total owned. I have enclosed a check for AMOUNT to cover the request fees. The following information will assist in locating the document: The Date of the Divorce The Type of Final Decree. Divorce Documents Online. Jewelry, Antiques, Art, Collectibles, Wine, etc. Brokerage account statements; 3. Current statements for all checking accounts, savings accounts, credit accounts, and other deposit accounts. Text Message History. Getting yourself organized is a major part of divorce proceedings. Get documentation in entities in which you have an interest for the last five years. : Ownership records, purchase receipts or description of jewelry, antiques, oriental rugs, art works, stamp or coin collections, wine cellar, precious metals, gems, and other collectibles. The number of copies and format of the documents … Tax returns for the past five years; 6. Survive Divorce is reader-supported. monthly income at earliest retirement age. Severance/Early Retirement – All notices/statements regarding severance or early retirement benefits offered by or already received from the employer of either spouse. These may include statements made by your spouse, his/her attorney, or one of the third-party experts in your case. Financial Statements. Making sure you are treated fairly is vital to give you the best chance of moving forward in the best possible way after your divorce is finalized. Documents are the lifeblood of divorces. Decisions must be made, though there are many unknowns. How to Save Money After Divorce…And Still Look Like A Million Bucks! In addition, certain laws and statutes may come into play based on the type and nature of your assets, so helping your team understand your complete picture will also allow them to provide you with the most effective counsel as well. Open a checking and savings account in your name alone. Before the divorce process begins, your attorney will need information about your marriage and the official documentation attached to it. Provide any financial statements prepared for you individually or for you and your spouse together, or for a business entity in which you have an interest in the past five years (the more recent the better), such as for a loan application. As a divorce mediator, she provides clients with strategies and resources that enable them to power through a time of adversity. Records regarding all debts; 7. Provide a copy of the latest summary plan documents (with terms and conditions of the plan) and most recent benefit statements plus the statement as near as possible to the date of separation. Documents tell the tale of those choices and are objective witnesses. You can email him at jason@survivedivorce.com. You’ll also get weekly tips and resources to help you get through divorce. When you are able to gather documents in a thorough and comprehensive way, many of the questions and requests for additional information by your attorney or financial experts will be minimized. Other Debts: Information including most recent statement on any debts not listed above. Some spouses will attempt to hide asset information.  Others will just be flat out difficult when it comes to turning over records.  There may be instances where a spouse will also completely refuse to comply with a request. Documents you will need – your original marriage certificate. To save time and money, you may want to group these questions and ask them several at a time, instead of a constant exchange of one-off questions and answers with your attorney, certified divorce financial analyst, accountant, financial planner or other members of your team. When you apply for a divorce you must send your original marriage certificate. 5 Tips For Dividing Marital Property During Divorce, How To Petition for Contempt of Court in Divorce, 36 Pieces of Information Your Divorce Attorney Will Need. Information about your employer: name, address and phone number. So, to prepare for divorce in Texas you should also collect all available documents about your financial assets and liabilities. Details about your child support, if applicable. Who pays and how much? (If an accountant has the records for your individual and/or business tax returns, you can obtain copies from the accountant.). Address proof of both husband and wife. Any other information that will establish your net worth, your spouse's net worth, your joint net worth, your income, and your spouse's income. Partnerships and Other Business Interests: The Schedule of Assets and Debts requires the most recent K-1 form and Schedule C. All business interests should be listed, including general partnerships, limited partnerships, limited liability partnerships (LLPs), C Corporations and limited liability corporations (LLCs), as well as sole proprietorships. One of the most important steps to take before getting a divorce is understanding what each person in the marriage brought to the union. Year-end financial statements for past five (5) years if not contained in tax returns. You can get help filling in the form at a Citizens Advice office. Dividing up property a couple has acquired throughout their marriage (also known as marital property) can be one of the most contentious aspects of divorce.Luckily, divorce attorneys can help alleviate some of your legal and financial stresses by advocating for a division of property that works in your favor. Life and Disability Insurance Policies: Provide Declaration pages showing face amount, date, type of policy, insured, owner, beneficiary(ies), cash value and/or loan value. Buy-sell agreement or other agreement concerning valuation of business. Taxes: If you believe taxes are owed, please state. Documents for divorce in India on the grounds of “Adultery” under Section 13(1) (i) of the Hindu Marriage Act, 1955 The following are the documents an advocate will require in divorce cases on adultery: Marriage certificate. When granting a divorce the Court does not consider why the marriage ended and the only ground for divorce is that the marriage broke down and there is no reasonable likelihood that the parties will get back together. if you provide digital copies, keep them backed up or saved online to the cloud or to a service such as Google Drive so they are easily accessible to you and won't be lost if your computer crashes. If you are self-employed, provide the following: Financial statements or profit and loss (P&L) statements for the past five (5) years. When you are readying your documents, you can provide paper copies or digital copies to your attorney; be sure to keep copies for yourself. It could become very hefty over time, depending on the length, issues, and contentiousness of your legal proceedings. Your spouse can say to a mediator or in divorce court, "I paid for the mortgage out of separate monies, not marital funds," in an attempt to retain the total interest in the marital home, but documents can prove whether or not he is being truthful. 3. Cash: If you or your spouse hold significant cash, such as in a safety deposit box, please note. Include any outstanding benefits from prior employers. Include all information such as balances owed, interest rate, payment schedule and the school, and what period of time you or your spouse received the loan. Other Assets: Records for any other asset or property not otherwise listed above. Those choices are documented in credit card statements, bank statements, tax returns, and many other records. A best practice is organizing the documents into seven specific categories. Also, provide cost basis of each security/investment owned. Having a clear understanding of the following can make the process run much smoother: 1. Marital Home Information 2. The settlement agreement is a document setting out the terms of the divorce settlement: for example, child custody agreements and division of property. A Divorce Agreement is a contract entered into by a married couple that describes how the couple will handle their family responsibilities and protect and divide their marital assets as they move through the process of dissolving their marriage. Children’s bank account information and amounts. Copyright © 2020 Survive Divorce. Your basic information: full name, date of birth, and social security number. A list of any livestock, such as cattle or horses that you may own. He is a Chartered Financial Analyst, Certified Financial Planner practitioner, and Certified Divorce Financial Analyst. Final Escrow Statement from Close of Escrow/Settlement Statement for purchase or sale (usually 2-3 pages) and for last refinance (if applicable). Statements for all retirement accounts; 4. Copy of the current Grant Deed(s) with Exhibit “A” (legal description) on each property that shows how title is held (if the title has been changed, provide copies of all deeds from the time of acquisition). Before the divorce process begins, your attorney will need information about your marriage and the official documentation attached to it. Tax Refunds: Please provide information for any tax refunds you are expecting. Keep in mind that divorce is a give and take process, and until you have a full and complete picture of your entire life, you can’t possibly make the best decisions as you negotiate a fair and equitable settlement. Gathering this information in a logical and organized way can make the entire process less burdensome on you in both the short and the long run. We use cookies to provide you with the best experience and for our, A Guide to Your Home and Mortgage in Divorce, Health Insurance and Divorce: The Definitive Guide, Dividing Retirement and Pensions in Divorce: A Helpful Guide, The Relationship Lies We Tell Ourselves During Quarantine. Contact information for your spouse such as an address, landline/cell phone number and an email address. Depending on the complexity of your divorce, you may need a lot of documentation to give to your lawyer or Certified Divorce Financial Analyst.  The more organized you are upfront will not only save you time and stress, but it will also save you money as well. To start a divorce or legal separation when you are married, registered domestic partners, or both. Thank you for attention to my request. Your spouse’s basic information: full name, date of birth and social security number. Attorneys want documents because dry ink doesn't lie. Provide copy from federal tax return for year you sold residence and deferred gains on sale into a new principal residence. Stock Options – Stock option grant agreement (grant letter) and most current grant statement covering each grant received, from date of grant to present, for present employers (and prior if not fully exercised or expired). Accounts Receivable and Unsecured Notes: Records for any money owed to you including lottery winnings. When you are organized, you will also be able to break things down into more manageable tasks.  For example, you will be dividing one household into two, and that will mean determining your living expenses going forward. Second, you and your spouse will need to divide your financial assets and liabilities. Domestic Partnership Certificate: Provide a copy (if applicable). The first step, then, to obtaining a divorce is to ask for or “file for” one. For each of the documents you are missing, look at the purpose of the document and see if you want or need to have it. Order a free credit report. It’s important that you provide a complete and very organized file with all documents to your attorney which will help make the negotiation stage of the divorce run more smoothly. Also, if estimated taxes have been paid for the current or preceding tax year but the return is not done, please provide information as to how much has been paid and from what source. Support Arrearages: Refers to support owed to previous spouses or for children from previous relationships or for support you or your spouse has been ordered to pay in this dissolution proceeding prior to the preparation of this document. Temporary Orders. Information on any lawsuits you may be involved in. Credit Cards: List the name of the cardholder as well as card number and balance owed. We have created our user-friendly Download Center (in association with Divorce Source, Inc.) so you can find all the tools, forms, and information you need to get your divorce paperwork done in one place. Provide the following for any business you or your spouse have an interest: In addition to the above information, you should also keep a list of issues and questions that concern you.  Keep a running tally of these things that surface during the divorce that will require some follow-up action. Then list who filed the divorce proceeding, the name and location of the court where it was filed, and the case number. How (and when) to get a Jewelry Appraisal, Gold Prices: Here’s what you need to know, Marital Abandonment and Divorce: The Definitive Guide, 37 ½ (Not So) Obvious Signs Your Wife is Cheating on You, The Ultimate Guide to Divorcing a Narcissist, 24 Essential Rules for Dating After Divorce, Co-Parenting with a Narcissist: The Do’s and Don’ts, The Ultimate Divorce Checklist: The Information You Need to Prepare for Divorce, 38 Telltale Signs Your Husband is Cheating on You, 29 Warning Signs That Your Marriage is in Trouble. When you get a sense you are heading for divorce, set up an official system that will include documentation, official correspondence, court records, research, notes and more.  Make copies for yourself, your attorney and any other members of your team who will benefit from having pertinent information.  Any steps you take to avoid confusion or duplication is a winning strategy for you. What Documents do I Need to File for Divorce? Try to keep it organized so that you can easily find documents for your financial, emotional or legal experts if need be. You may modify spousal maintenance if the divorce decree allows modification and the former spouse receiving maintenance has a significant change of circumstances. You need to figure out what is going to happen to your house and your kids. Most importantly, it allows the two of you to efficiently work together to secure your short and long-term interests. Loans—Unsecured: Provide the most current statement for all unsecured loans along with the name of institution (bank name), loan number, current rate, etc. Vehicles, Boats, Trailers: Copy of title and registration for all vehicles, boats, airplanes, trailers, and motor homes. The name of your spouse’s attorney if he/she has one. When you apply for a divorce you’ll need to prove that your marriage has broken down and cannot be saved. Here are 12 Non-Negotiable Components of a Divorce Preparation Checklist. Appraisals or market value opinions for any real property if dated within the last two (2) years. Access the forms you will need and resources where you can get help. It can be very burdensome to list all the household furniture and furnishings to comply with this item, and it often is not necessary. Vacation Property: Records of ownership of all vacation property and timeshare interest. What documents must be filed. So, you need to provide your attorney with any documents that tell the story of what has happened in your marriage financially and in any other way. If a policy is term without cash value, you should provide the documents showing the death benefit, beneficiary and premium and whether it is an individual policy or a policy through your employer. Business tax returns for the past five (5) years. Most current financial statements as to income and expenses and balance sheet, as well as for the period as close to the date of separation as possible. A leading authority in divorce finance, Jason has been featured in the Wall Street Journal, Forbes, and other media outlets. Form E is a detailed document you and your spouse are required to complete if you want to finalise financial matters in court after divorce. Divorce is a legal remedy that is granted by a Georgia county Superior Court. After the information about the marriage, provide the date you and your spouse separated. Let us know and we can provide you with IRS Form 4506 so you can make this request. Employment contract or employment offer letter. Profit-Sharing, IRAs, Deferred Compensation, Annuities: Provide the most current statement for all accounts. Compile Personal Documents Pull together your family’s personal documents, including Social Security numbers, birth certificates, a copy of your will, your marriage license, your prenup or postnuptial agreement, and any judgments or pleadings that you or your spouse have had in the past. Copies of partnership agreements, and in case of corporations, the formation documents and copies showing how title to shares of stock or membership interests are held and in what amounts. Doing this ahead of time gives your attorney an immediate and useful overview of the property and assets likely to be at issue in your case. You will need to learn when to fight for the things that are rightfully yours, but also when to let other things go. You will also be asked to … Here’s how we make money. Include any memberships, reward points, and other perks that may be considered as assets. Which of these documents are you missing? Documents Related to Joint Financial Accounts. Provide Certification of Trust only and not entire Trust document. Provide cost basis (including improvements, depreciation taken, etc.). You might be able to get divorced without needing a solicitor or going to court if you and your ex-partner can agree you both want a divorce, and on the reason why. For pensions, include the pension calculation showing your est. You should be prepared to show your attorney at least three years in income tax returns. Provide a year-to-date earnings record if not shown on paystubs. 11. Courts are able to grant divorces in response to lawsuits that are filed and pend before them. 2. Examples of these are restraining orders on your spouse, temporary maintenance, child … Expenses for various lifestyle costs (e.g., school tuition, unreimbursed medical bills, music or dance lessons for children, etc.). Most married couples leave their estates to each other and their children. Better yet, sign up for a credit monitoring service like. To get an idea of the important documents you need to round up for your divorce attorney or CDFA, take a look at the checklist below: 1. We've Got Some Advice For You, 9 Financial Issues Men Should Consider During Divorce, Your Step-by-Step Guide to Getting a Divorce, Your Divorce Assets and Liabilities Checklist, 9 Steps to Take if You're Thinking about Divorce, Your Step-by-Step Guide to Divorce Discovery, Find Out 9 Things to Do Before Filing for Divorce, Understanding Your Final Decree Of Divorce. Here are a few of our favorite resources: Jason Crowley is a divorce financial strategist, personal finance expert, and entrepreneur. Information about children from previous marriages on either side: the full names, dates of birth and social security numbers of any children from a previous marriage. Plus if you go to court, the more organized and complete your document file is, the more supporting evidence you will have for your case. The name of a marital therapist you and your spouse visited with times and dates. In an acrimonious divorce, you may need to rely on a formal discovery process, using subpoenas and interrogatories to fully uncover what you are entitled to see.  In other instances, you may need to retain the services of a forensic accountant.  A certified divorce financial planner will also know what to look at and what to ask for that will have relevance for your situation. There are a few exceptions, but in the vast majority of divorce trials, court records are public documents. Tax Returns. Money you are owed, including names of those who owe you money, how much they owe, and the expected payment date. If you are a bit further along in the process, include copies of all court documents that establish deadlines, procedures, restrictions, or instructions related to your divorce process. The FICA Documents. When you do a good job of assembling all of your information, you will also be able to get a much clearer picture of your overall financial health.  In turn, this will make it easier for you to prioritize what’s important to you, helping you to set goals for your post-divorce life. Filing divorce documents and forms. The divorce proceedings will determine all of your major financial changes. The Deed of Trust or Note is not needed. Divorce Packages Where Can I Get Divorce Papers For. Description or plan statements for all employer stock option plans under which you have received options. Service of documents. START A DIVORCE FILE. Divorce is complicated - legally, financially, and emotionally. Your spouse’s employer information, such as address and phone number. This is why it’s best to gather as much information as possible before you make your spouse aware of your intentions.  By law, you are entitled to see all of the pertinent documents during a divorce, but this doesn’t mean they’ll always be easy to obtain. If you don’t have it, you must apply to the Registrar of Births, Deaths and Marriages closest to the location of your wedding for a ‘certified copy’. Any loan or credit application for the business prepared within the past five (5) years. All insurance or annuity policies; 5. Form 2119 – Sale or Exchange of Principal Residence. Applicable if sale of residence was prior to May 6, 1997. You can only get a divorce if you’ve been married for at least one year. You will need to learn that nobody wins in divorce. In the divorce proceedings if you refer to there having been court proceedings involving your family then you will need to annex a copy of the Court Order to the divorce petition. It is not uncommon, at least for the Preliminary Declaration of Disclosure, to simply say “various” items acquired over “various” dates and the values of these items are “unknown.” On the other hand, if there are specific items of furniture and furnishings that are particularly valuable, please note those items. Stocks, Bonds, Investments, Mutual Funds, Secured Notes, and other liquid and non-liquid investments: Copies of all documents showing how title is held and most recent statements, plus a copy of statements as close to the date of separation as possible. Divorce Documents & Forms. However, just because you’ve separated, does not mean you are done in your relationship with that person.  The better your communication and cooperation are, the quicker and easier your divorce will be. If your spousal or parenting relationship is at issue, the text or email dialogue between you and your spouse can be very helpful to your attorney. Lists dates, children, property, and debts. Also provide appraisals on any such items (if you already have them). Read the full disclosure in our terms of service. Information about previous marriages, including the divorce decree. For each of the documents listed in the table that you’ve already got, take the time to review and update them. It may be difficult, but it’s best to keep an open line of communication with your spouse as you exchange information.  Some couples find it impossible to talk to their spouses after an initial split, and that’s understandable. Provide loan statements (both current and at separation) showing the terms of the loan. Living arrangements have to be determined, property has to be divided, and child custody decisions have to be reached. Make a list of all the assets and liabilities that you’re aware of. Mortgages, Lines of Credit: Copy of the most recent mortgage or loan statement for each loan showing name, address, account number, monthly payment and balance. Looking for more great tips on divorce and money? How well you are able to navigate through your divorce may rest in large part on your ability to produce documents and evidence that can support your claims for alimony, child support, a division of assets and other important issues. Cathy Meyer is a certified divorce coach, marriage educator, freelance writer, and founding editor of DivorcedMoms.com. The statement of arrangements document sets out information about who looks after the children; where they go to school; and information about their health and other matters. To apply for an online divorce, you do not need to submit any documents.Only after your application has been submitted, you will receive a letter (via email) requesting the following documents.. 1. At your spouse’s work or place of residence? One of the drawbacks of a trial is that couples may have no choice but to have highly personal and intimate details of their marriage made public. When documents must be filed. You will have to send to the court the following: D8 Divorce Petition In the divorce petition you have to state your full name and address and your spouse’s full name and address. You will be asked to provide details on your income, assets, pensions and outgoings and expenses. The divorce process will end your marriage. The goal at this point is simply to begin identifying the puzzle pieces. , Wine, etc. ) market value opinions for any tax refunds you are owed, including of! The time to review and update them: name, date of the divorce the Type of Final decree online. A major part of the documents into seven specific categories and money, defined benefit defined. Pensions ( 401k, defined benefit and defined contribution plans ) the pension calculation showing your est strategies and to... Yourâ spouse’s attorney if he/she has one where you can get a jump on tasks adjusting. As assets. ), ESPP and stock purchase plans check for AMOUNT to cover request! 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