Being Prepared Prior To Seeing A Divorce Attorney
Here is a list of documents you should concentrate on, prior to seeking the services of a lawyer or a mediator when ending your marriage.
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 3 paycheck stubs, statements and your last 3 years of tax returns. If you have no idea where the tax returns are kept, contact the person who does your takes and request back copies. If you have never seen a pay stub or pay statement, look and make a copy of your bank accounts and or get a copy of your bank statement on line to show the amount deposited each month. If you have no clue how access information on the computer, I suggest you find someone you trust who does. Maybe even hire someone especially if your spouse does business on-line to download copies of important financial information. Then have that person make sure what you have downloaded can’t be traced back to you.
2. Bank Records/Desposits
The monthly bank statements are important and will take you to other documents (cancelled checks, deposit slips, returned items, 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.
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. And if you are able to locate the last statement prior to when you were married this can be very significant (especially in community property states) to show the previous balance in the account.
4. Credit Card statements
Again the most recent statements are a necessity, but a lot of important evidence can be obtained from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of reveal strange activity. For example, they might show evidence of gifts or dinners purchased, rentals, companies you never heard of or other mysterious purchases. Or look to see that cards have been overpaid and there are balances sitting in these credit card accounts. This might show that money is being hidden. Be a good detective, maybe a card is overpaid, the credit card company sends a refund within a two month billing period to your spouse. They cash the check-now where did it go? Have it shown up on a bank statement or perhaps a different account.
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 lender or your accountant by phone to get a final balance. Or if you know where a real estate closing took place contact the Title company and ask to pick up a copy of the closing documents. Or you can head to the recorder of deed in your county and obtain a certified copy of the payoff. Also it’s a good idea to check insurance property policies they often have information on the lenders who are or were insured on the property . Then contact the lender and ask for a copy of the payoff release letter.
7. Relevant emails or other correspondence
Again, I suggest you have someone who is knowledgeable about accessing documents on the computer. Consider hiring a college student or look for computer consultants in your yellow pages to retrieve emails and other information you need for your divorce. Or if you have a computer person at work ask them to possibly assist you.
Locating these documents can be a long process. Begin now, before you go walking in a lawyers office. Being prepared is your best defense in creating a fair conclusion to ending your marriage.
Susan Murphy-Milano is the author of 2 books “Moving Out, Moving On” when a relationship goes wrong, available at Borders, Walden Books, Borders Express or at Amazon.com This book is one of the best investments you can make for yourself when the threat of divorce becomes inevitable. The book also has information forms to notify creditors and if are you in an abusive/stalking relationship there is an important section on including certain precautions when ending your relationship.
And “Defending Our Lives” getting away from domestic violence & staying safe. Published by Doubleday. If you have questions, they will be answered directly by me. Whatever you decide, remember to be prepared. http://www.movingoutmovingon.com/bookinfo.html
Email-Kindlivingpress@aol.com
