If you’re planning to divorce your spouse, it’s a good idea to gather all the needed documentation ahead of time. That includes personal documents, financial statements, contracts, insurance policies, and more. Don’t worry: It might sound intimidating, but with this comprehensive checklist, you’ll know exactly what you need.
Personal Documents
The first step in gathering paperwork for a divorce is tracking down all of your documents that show certain personal information. Some of these details are required by divorce courts, while others may aid in determining certain agreements related to the split. Information and documents might include:
Legal nameContact information, including mailing address, phone numbers, and email addressesDate of birthSocial Security numberEmployer name and contact information Birth and death certificatesMarriage licenseCitizenship papersMembership cards or documents that show you’re a member of a country club, health club/spa, key club, private club, association, or fraternal group organization during the last five years of the marriage Judgments and pleadings in court cases that you were a plaintiff or defendant in during the marriage Medical records if one of the spouses has a severe condition that could require further consideration when determining supportPolice records if one of the spouses has a criminal history
General Financial Documents
One of the most important and complex components of a divorce is documenting and dividing finances, including bank accounts, investments, and shared property. You’ll need to provide enough paperwork to give a comprehensive view of your financial situation as a married couple. This paperwork could include:
Income documentation, including pay stubs and any other evidence of other income (investment property, rental/lease agreements, dividends, interest, royalties, lottery winnings, etc.) since the filing of your last tax returnEmployment records, including any fringe benefits you receive such as vehicles, travel expenses, private aircraft, boats, apartments/homes, entertainment, country club memberships, health club or spa memberships, educational expenses, vacation pay, severance pay, personal living expenses, etc.Banking information, including all monthly bank statements, passbooks, check registers, deposit slips, canceled checks, and bank charge noticesBrokerage statements Certificates for any other stocks, bonds, and mutual fundsRetirement account statements, including pension, 401(k), 403(b), 412(e)(3), 457, military, IRA, Roth IRA, SEP-IRA, Keogh, etc.Income tax forms for federal, state, and local governments, including W-2, 1099, and K-1 forms for the last five yearsWills and trust agreements, including any powers of attorneyLife insurance policiesGeneral insurance policies, including annuities, health, accident, disability, casualty, motor vehicle, and property liabilityList of safe deposit box contents Business documents, such as partnership agreements, tax returns, stock redemption/buy-sell agreements, and financial statements.
Shared Assets
Assets that were brought into your marriage individually, as well as assets that were accumulated together as spouses, will need to be redistributed when you divorce. How those assets will be split depends on whether you have any preexisting agreements in place and which state you reside in. Documents related to that may include:
All financing documents and titles to motor vehicles owned during the last five years of marriage, including cars, airplanes, boats, etc. Real property deeds, purchase agreements, mortgages, notes, rental/lease agreements, appraisals, and all expenses associated with any property you ownSale and option agreements on any real estate holdings Personal property documents, including invoices, contracts, insurance policies, and appraisals on all personal property such as furniture, fixtures, jewelry, artwork, furnishings, furs, equipment, antiques, and any type of collections (coin, stamps, gold, etc.)Statements for any joint financial accounts not included in the previous section
Debts
Dividing up debt is another important step in a divorce, and the exact process depends on the specific type of debt it is. So it’s important to show proof of all outstanding debts owed to you or by you, including anything you cosigned.
MortgagesPersonal loansCredit cardsStudent loansProperty liensTax debtPromissory notes Lawsuits pending or previously filed in any courtLoan applications made within the last five years
Child Care Documents
Not all divorcing couples have children. However, those that do face additional challenges when it comes to custody and parenting agreements. It’s important that your legal counsel and the courts have a full picture of the children you share with your spouse, if any. They will need:
Legal name of childContact information including address, phone numbers, and email addresses of children, where applicableChild’s date of birthEmployer name and contact information, if the child worksHealth insurance policiesBirth certificateSocial Security cardSchool immunization recordsNames of new and old doctors with address and telephone numbers
