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Family Law

Documents to Assemble in Preparation for a Divorce Case

The descriptions that follow represent the minimum disclosure requirements, and many cases require additional disclosure, depending on the unique facts and issues involved. The information contained herein is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.

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ALL CASES

Income Information

  • Complete state and federal income tax returns, including all schedules, attachments, 1099s, W2s and K1s for the past three years.

  • Pay stubs: End of year for the past three years, and last six consecutive.

  • All employment contracts.

  • If not included in the foregoing, proof of income from all other sources, including salaries, wages, commissions, bonuses, dividends, severance pay, pensions, interest income, trust income, annuities, capital gains, social security benefits, worker's compensation benefits, unemployment insurance benefits, disability insurance benefits, recurring gifts, prizes, and spousal maintenance.

Real Property Information

  • All deeds, deeds of trust, purchase agreements, escrow documents, and settlement statements for each property.

  • Most recent Mortgage/Home Equity Line of Credit statements reflecting principal balance and monthly payments.

  • Any appraisals, comparative market analyses, etc.

Financial Accounts

  • Checking, savings, CD, brokerage and securities account statements for all accounts for the last six months.

Life Insurance

  • A complete copy of each policy, including the declarations page, reflecting the owner, insured and beneficiary of each policy, along with the death benefit, surrender charges, cash value and premium payments.

Retirement Benefits

  • For all retirement accounts, including 401(k), 403(b), 457, IRA, Roth IRA, pensions, stock options, annuities, etc.: monthly statements for the past six months, and/or the last two quarterly statements, plus year-end statements for the past three years.

  • For all employer-sponsored plans: A copy of the complete “plan documents,” including the “summary plan description,” and any valuations or benefit calculations.

Business Information

  • For each business in which either party owns any interest (for example, partnership, limited liability membership, closely held corporation, etc.):

  • All Operating Agreements, Partnership Agreements, Shareholder Agreements.

  • All business tax returns for the past three years.

  • Balance sheets and profit and loss statements for the past three years, and monthly or quarterly year-to-date.

  • Documentation of business-related debts.

    Note: Addressing the division of business interests in a divorce case often requires a valuation of the interest by a qualified business valuation expert. If this is necessary, the expert will provide a more detailed request for documentation to complete the valuation report.

Trust Information

  • A copy of all Trusts and amendments thereto, including all schedules reflecting property owned by the Trust.

Debts

  • All monthly or periodic statements showing the balances owed on all mortgages, notes, liens, and encumbrances outstanding against all real property and personal property for the past six months (this includes mortgage statements, auto loan statements, student loans, promissory notes, etc.).

  • All monthly credit card and charge card statements for the past six months .

Personal Property

  • A list of all significant items of tangible personal property, such as jewelry, artwork, household furnishings, etc. In some case a photographic or video inventory may also be prudent.

Vehicles, Boats, ATVs

  • A copy of all titles.

  • Valuation information (purchase documents; Kelly Blue Book value for vehicles – kbb.com).

  • A copy of all loans secured by the vehicle.

CASES ALSO INVOLVING MINOR CHILDREN

Additional Financial Information

  • Proof of court-ordered child support and spousal maintenance actually paid in any other case.

  • Proof of all medical, dental, and vision insurance premiums paid by the party for any child (this should include a breakdown of the cost of the premium – employee only, employee + children, etc.).

  • Proof of any child care expenses paid for any child.

  • Proof of any expenses paid for private or special schools or other particular education needs of a child.

  • Proof of any expenses paid by the party for the special needs of a gifted or handicapped child.

If Legal Decision-Making or Parenting Time Is in Dispute

  • A copy of any past or current Order of Protection and the underlying Petition for Order of Protection involving a party or member of the party's household.

  • The name and address of each treatment provider and period of treatment involving any party for psychiatric or psychological issues, anger management, substance abuse or domestic violence, for the past five years.

  • The date, description, location and documentation of any criminal charge against, or conviction of, any party or member of the party's household occurring within the last ten years.

  • The date, description, location and documentation of any Child Protective Services investigation or proceeding involving any party or member of the party's household occurring within the past ten years.

In any case where spousal maintenance, child support or attorney’s fees are an issue, an Affidavit of Financial Information must also be completed.

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Attorneys

Erik C. Bergstrom

Joel H. Hoffman

 
          

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