Divorce is complicated -- legally, financially, and emotionally. 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.
If you've decided to retain a divorce attorney, you can help save your attorney time (and save yourself some money) by gathering important legal and financial documents together before meeting with your attorney. 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. Most importantly, it allows the two of you to work together to secure your short and long-term interests.
Main Issues to Discuss with Your Divorce Attorney
The checklists below, organized into general categories, can give you an idea of what documents you'll need to gather as well as issues to discuss with your divorce attorney.
Issues Relating to Children
____ Child support
____ Child custody, legal
____ Child custody, physical
____ Visitation with non-custodial parent
____ Grandparent visitation
____ Visitation with stepchildren
____ Health insurance for children
____ Dental insurance for children
____ Uninsured health care costs
____ College education
____ Residence in the marital homestead
____ Beneficiaries of life insurance policies
____ Claiming children as dependents for income tax purposes
____ Religious upbringing of children
Property Issues
____ Equity in homestead
____ Other real property
____ Home furnishings
____ Business assets
____ Professional practices
____ Professional degrees
____ Retirement benefits (pensions, IRAs, 401(k) plans)
____ Estate plan
____ Motor vehicles
____ Recreational vehicles
____ Personal property
____ Savings accounts
____ Stocks, bonds, and funds
____ Compensation for contributions as homemaker
____ Hidden assets
____ Debts
Spousal Support Issues
____ Entitlement to support
____ How much?
____ How long?
____ Continued health care coverage through COBRA
Other Issues
____ Domestic violence
____ Order for protection
____ Child abuse
____ Parental kidnapping
____ Changing your name after divorce
____ Post-divorce nonfinancial support
____ Attorney's fees and expenses
Documents to Have Ready
____ Individual and business income tax returns for the past three to five years (federal, state, and local)
____ Proof of your current income
____ Proof of your spouse's current income
____ Prenuptial agreement
____ Separation agreement
____ Bank statements
____ Certificates of deposit
____ Pension statements
____ Retirement account statements
____ Trusts
____ Stock portfolios
____ Stock options
____ Mortgages
____ Property tax statements
____ Credit card statements
____ Loan documents
____ Utility bills
____ Other bills (e.g. school tuition, unreimbursed medical bills, music lessons for children, etc.)
____ Monthly budget worksheet
____ Completed financial statements
____ Employment contracts
____ Benefits statements
____ Life insurance policies
____ Health insurance policies
____ Homeowner's insurance policies
____ Automobile insurance policies
____ Personal property appraisals
____ Real property appraisals
____ List of personal property (including home furnishings, jewelry, artwork, computers, home office equipment, clothing and furs, etc.)
____ List of property owned by each spouse prior to marriage
____ List of property acquired by each spouse individually by gift or inheritance during the marriage
____ List of contents of safety deposit boxes
____ Wills
____ Living wills
____ Powers of attorney
____ Durable powers of attorney
____ Advance health care directives
As you can see, the above list extensive -- yet, it is not exhaustive. Every divorce is different since every couple enters and leaves a marriage under different circumstances and with different assets. Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all of the property and assets relevant to your case.
Get Legal Help with Your Divorce
The legal issues involved in a divorce are numerous and complex, which is why it can be daunting to go through a divorce without legal representation. Contact a local divorce attorney who can answer any questions and help guide you through the divorce process.
