| Scott
Morgan
This article is designed to give someone who is
considering or planning for the possibility of divorce an idea
of what documents are needed. Even if you believe your case is
ultimately agreed to and settled without a trial, you will be
in a much better position if you already have the relevant documents
in your possession. Better safe than sorry.
You should locate the relevant documents, make
copies, and keep them somewhere secure, like your office or with
a friend. You will then have access when it is needed.
Here are the most important seven categories of
documents you should focus on.
1. Income Documents
Your spouse's income is relevant to a number of
issues in a divorce case. At a minimum, get your spouse's last
paycheck statement and your most recent tax return. Ideally, you
would have access to all tax returns filed during the marriage,
along with all supporting documents and schedules.
2. Bank Records
The monthly bank statements are very important
and can lead you to other documents (cancelled checks, deposit
slips, registers, etc.) that you also may need to obtain. Get
at least the most recent statement for each account that is either
held in your name, your spouse's name, or jointly. If possible,
get copies of all statements going back to the date of marriage.
In most cases this volume of records is not required, but in some
cases these records can be very helpful and even necessary to
analyze the case.
3. Retirement and Other Investment Records
Often the biggest asset a couple will own will
be a 401k or pension account. So you will definitely want the
most recent account statement and ideally all statements dating
back to the time of marriage. Also, the last statement prior to
marriage can be very significant (especially in community property
states) to show the pre-marriage balance.
4. Credit Card statements
Again the most recent statements are a necessity,
but a lot of important evidence can be garnered from the historical
statements. In some cases, the credit card statements will show
questionable transactions that can be of real evidentiary value.
For example, they might show evidence of gifts or dinners purchased
for paramours, questionable hotel rentals, or other dubious purchases.
5. Real estate documents
The most important real estate documents are the
Deed of Trust and Warranty Deed for any property you currently
own. If you have the entire file from (the giant stack of paper
you got after the closing) for each real estate purchase or refinance
transaction during the marriage it can be helpful. Additionally,
documents evidencing real estate owned by either spouse prior
to marriage can be significant, especially in community property
states.
6. Mortgage statements & any Other Debts
You should get the most recent statements showing
the current payoff balance for any other debts. For those debts
that have only a coupon book with no regularly generated statements
showing the current balance, you will probably need to contact
the creditor by phone for the current payoff information.
7. Relevant emails or other correspondence
Correspondence or emails can be extremely helpful
(or damaging, depending on your viewpoint) pieces of evidence
in the case. Whether the communication is between spouses or between
a spouse and some third-party, the communication is potentially
relevant. Two common examples would be where your spouse makes
a damaging admission about some issue in the case, or communications
with paramours.
Conclusion
Determining which documents you need to obtain
for your divorce case can be a very time-consuming and daunting
task. Use this list as a starting point and discuss your situation
with a quality divorce attorney. This person should be able to
advise you specifically on the documents you need to obtain in
order to protect your interests.
About the Author Scott Morgan has been a practicing divorce attorney
since 1994. To learn about California divorce visit www.california-divorce-info.com
for a litany of divorce resources, a free newsletter, and a local
attorney directory.
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