If you are considering divorce, getting your documents in order now can save you time and frustration later. Once the announcement of divorce is made, things might change in the household, and some of the documents you need might come up missing. Before meeting with a lawyer for the first time, you can begin gathering important documentation and information.
Understanding what type of information will be needed in a divorce early in the process can be helpful in preparing for divorce. The following types of documents are usually needed during the divorce process.
Work History and Income Documents
You will need documents pertaining to your and your spouse’s income. Income can help determine spousal and child support obligations. Your work history may also affect other aspects of your divorce.
The following information can help document your work history and income:
- Federal, state, and local tax returns for the last five years
- W-2s, 1099s, pay stubs, and bank statements with direct deposits
- Employment contracts
- Business tax returns if either spouse owns a business
- Stock options either spouse has
Property and Assets
New Jersey is an equitable distribution state when it comes to property split during divorce. This means that the court can decide how to fairly split property between spouses. Gather as much information as you can about your marital property and its value. Marital property is generally any property you obtained after the marriage that was not subject to special treatment as designated in a written agreement or that you received as a gift or inheritance.
The following property and asset documentation can help:
- Mortgage statements and deeds for all real property
- Property tax statements pertaining to any property you own
- Registrations for all vehicles, boats, and other property that is titled
- Photos of your property
- An inventory of all personal property of a significant value, including tools, furniture, high-end clothing, artwork, jewelry, and more
- Appraisals of real and personal property
- Insurance statements that indicate the value that property is insured for
- List of personal property each spouse owned before the marriage
- Information about motor vehicles owned, including the make, model, year, mileage, and accessories to help establish their value
Savings and Investments
You and your spouse may have financial accounts that may be split during the divorce or are considered when making support decisions. If possible, gather the following documents about savings and investments you or your spouse own:
- Checking and savings account statements
- Statements for mutual funds, brokerage accounts, and cryptocurrency accounts
- Online account statements for Paypal, Venmo, digital wallets, and other online financial accounts
- Retirement account statements
- Statements for stocks, bonds, and other securities
- Certificates of deposits
- Pension information
- Benefit statements from work
- Trust documents
- Documents that list and value deferred compensation
Debt Documents
Just as assets can be divided during a divorce in New Jersey, so can debt. The following documents can help identify debts:
- Credit card statements
- Medical bills
- Loan applications
- Statements regarding personal loans
Budgeting Documents
You and your spouse may need to create new budgets to determine how you will manage finances during and after divorce. The following information can help you create a budget that might be considered by the court:
- Mortgage or rent payments
- Utility bills
- List of all bills
- Monthly budget
Insurance Information
You may also need to gather information about all insurance policies you have in place. You may need to maintain this insurance throughout the divorce proceedings or may need the information in case your spouse suddenly cancels or allows an insurance policy to lapse. Gather documentation regarding all forms of insurance you have, including:
- Car insurance policies
- Homeowners’ or renters’ insurance
- Disability insurance
- Health insurance
- Health insurance for your children
- Life insurance
Information Pertaining to Children
During a New Jersey divorce, child custody and support is also established. Gather the following types of documents and information related to your children:
- Identifying information, such as Social Security cards and birth certificates
- Report cards and other documentation from school pertaining to academic performance, behavior, and attendance
- Expenses pertaining to the children, such as childcare expenses, college tuition, extracurricular activities, and medical expenses
- Any relevant medical records
Practical Pointers for Obtaining Necessary Documents
Here are some tips to help you obtain the information you will need for your divorce:
Get Documentation Early
It is usually preferable to obtain this documentation as early as possible. If a divorce case has already been filed, your spouse may be angry or uncooperative. They may take things with them when they move out of the household. Some spouses might even resort to hiding assets. By cautiously gathering documentation early in the process, you can get ahead of these potential problems.
Obtain Information Discreetly
If you do not want your spouse to know that you are gathering documentation, you will need to be discrete. You may need to open a post office box or private email address to begin assembling your documentation. This will also help you have a confidential way to have contact with your lawyer.
Bring Copies to Your Consultation
Give your lawyer copies of all the documentation you gathered when you go to your consultation. They can use this information to advance your case as expeditiously as possible. Additionally, if you have the essential information, you may be able to avoid some of the expenses related to discovery of documents. You can also avoid having to pay your lawyer for hours to try to get your spouse to hand over this information. Your lawyer can use the information you provide to start working out a divorce settlement.
Consider Updating Your Estate Plan
You may wish to update your estate plan to remove your spouse or their family as a fiduciary or beneficiary. Some estate planning documents you may want to update include:
- Will
- Trust
- Power of attorney
- Advance healthcare directive
Contact a Lawyer for Help with Your Divorce
If you need help with your divorce or more information about what type of documentation you might need in your specific case, do not hesitate to contact the Law Office of Andrew R. Fischer.
