what documents you should get for your attorney when getting a divorce

by Derick Gleason 9 min read

Documents to Show Your Divorce Attorney: A Checklist
____Individual income tax returns for past three to five years (federal, state, and local)
____Proof of spouse's current income
____Prenuptial agreement
____Separation agreement
____Bank statements
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Nov 23, 2018

What should I look for in a divorce attorney?

 · Documents to Show Your Divorce Attorney: A Checklist. ____. Individual income tax returns for past three to five years (federal, state, and local) ____. Business income tax returns for past three to five years (federal, state, and local) ____. Proof of your current income. ____. Proof of spouse's current income.

What does it take to become a divorce lawyer?

 · Before the divorce process begins, your attorney will need information about your marriage and the official documentation attached to it. These will include income tax returns and proof of income...

What documents are required to file for divorce?

 · Agreements. If you and your spouse signed a prenuptial agreement or a postnuptial agreement (or if you’ve been working on a separation agreement), your attorney will need a copy. Previous years’ tax returns (with attachments). There is a lot of information in a tax return that can be helpful to your attorney.

Do I really need an attorney for my divorce?

If you are a resident of Delaware who is getting ready to meet with your divorce attorney, you should prepare by gathering documentation that shows your financial status as well as any other important aspects of your life. Preparing before the first meeting by gathering all the documents that your attorney might need might actually

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What should a wife ask for in a divorce settlement?

5 Things To Make Sure Are Included In Your Divorce SettlementA detailed parenting-time schedule—including holidays! ... Specifics about support. ... Life insurance. ... Retirement accounts and how they will be divided. ... A plan for the sale of the house.

How a woman should prepare for divorce?

9 Critical Steps Women Should Take To Prepare For DivorceGather your financial records. ... Open a Post Office Box. ... Start putting money away for legal and other professional fees. ... Open a new checking and savings account. ... Open new credit cards in your name only. ... Get a copy of your credit report.

Who suffers the most in a divorce?

menBoth ex-spouses take a loss, but typically, men suffer a larger hit to their standard of living than women — between 10 and 40% — due to alimony and child support responsibilities, the need for a separate place to live, an extra set of household furniture and other expenses.

How do I protect myself financially in a divorce?

If divorce is looming, here are six ways to protect yourself financially.Identify all of your assets and clarify what's yours. Identify your assets. ... Get copies of all your financial statements. Make copies. ... Secure some liquid assets. Go to the bank. ... Know your state's laws. ... Build a team. ... Decide what you want — and need.

What documents are needed for real estate?

Documents Related to Real Estate 1 Any documents showing the legal description of any real estate owned together or separately. These can be obtained from your mortgage company or bank. 2 Your current mortgage statements on any mortgages you have on real estate property. 3 All documents pertaining to the initial purchase of the real estate. 4 If the real estate has been refinanced, all documents pertaining to the refinance. 5 Tax assessor’s statement (s) pertaining to any and all real estate.

Why is it important to provide a complete and organized file with all documents to your attorney?

It’s important that you provide a complete and very organized file with all documents to your attorney, which will help the negotiation stage of the divorce. "Divorce is one of the greatest upheavals you will ever experience in your life," says former divorce lawyer Brette Sember. "Because the process is so overwhelming, ...

What information should be included in a monthly budget?

This should include the needs and expenses of any children you have .

Do you have to disclose debts during divorce?

"All debts entered into during the marriage must be disclosed as part of financial disclosure ," explains Sember. "The court will determine which are marital debts and divide them as part of the divorce ."

Do you have to disclose assets in a divorce?

Similar to income statements, the court needs documentation of all financial accounts, both separate and joint. "Both parties have to completely disclose their assets ," asserts Sember. "Any account opened or contributed to during the marriage is potentially marital property and must be assessed."

Can a divorce court prove truthfulness?

Your spouse might make claims to a mediator or in divorce court, but documents can prove whether they are being truthful. So, you need to provide any documents that tell the story of what has happened in your marriage financially and in any other way.

What is an intake form for family law?

Most family law lawyers have an intake form that gives them a snapshot of the issues and your goals, and gives them important details about you and your family. At McCabe Russell, we don’t require you to fill it out our intake form advance, but if you can, it helps us move forward. Agreements.

What information does a credit card statement contain?

Other debt information (car loans, credit card debt, etc). As with the other documents, credit card statements contain a ton of information that can be useful to your attorney – the debt information, of course, but your history of spending (and your spouse’s) can also assist your attorney as you move forward. Text Message History.

Do you need a mortgage statement and a copy of deed?

Mortgage Statement and/or Copy of Deed. It’s not uncommon for clients not to know what is owing on their own mortgage or even whether they are on the mortgage. Bringing a mortgage statement and a copy of the deed can help your lawyer determine the answers to these important questions.

What to learn during an attorney interview?

During the interview process, you can learn about the attorney’s experience, their fees, and get a feel for whether or not you think the two of you could have a good working relationship. Once you’ve made your decision, your attorney will need information from you in order to get the ball rolling and the divorce process started.

What are the marital problems that led to divorce?

A list of the marital problems that led to the divorce if they involve alcohol or drug abuse, religious differences, infidelity, sexual incompatibility, or domestic abuse.

What is the basic information required for a job?

Personal Information. 1. Your basic information: full name, date of birth, and social security number. 2. Contact information such as an address, landline/cell phone number, and email address. 3. Proof of state residency. 4. Information about your employer: name, address, and phone number .

How to keep a divorce journal?

Keep in mind that security depends on you. You must password protect your computer, your phone, your files— EVERYTHING that contains information you want to keep secure. Do NOT use a password your spouse could easily guess and gain access to your records! And if you use an app, be sure your phone or tablet is NOT connected to your spouse’s. The last thing you need is for the divorce journal app you just downloaded to appear on his screen. Make sure it’s all secure!

What information should be included in a custody trial?

Include names and contact information for each person in the event they are called as witnesses in a custody trial

Why is it important to keep a divorce journal?

If your spouse is better at keeping track of what happened to whom and when, they will have an advantage over you when it comes to negotiating the terms of your divorce. By keeping your own divorce journal, you’ll build your own body of evidence to back up your claims before the judge.

What are some things that can jeopardize your parenting record?

Things they have done to jeopardize your parenting record (i.e.,turning off your alarm and then reporting that you didn’t get up to take the kids to school, dropping your cell phone in a tall glass of water then reporting your failed to answer texts even when they knew your phone was out of commission, etc.)

What program to use to record journal entries?

If you like to use a free flow format in a chronological order without worrying about categorizing your details, you can use a simple program like Microsoft Word to record your journal entries. Remember to password protect and backup your documents if you decide to go this route.

Can you say what your kids said in court?

Remember that you will not be able to say in court what your children said as that is hearsay and inadmissible

What do you include in a divorce affidavit?

Include any memberships, reward points, and other perks that may be considered as assets . If you’re in the dark about your finances, that’s okay. You and your spouse will be required to complete financial affidavits (disclosures) as part of the divorce process.

What to do when you get a sense of divorce?

When you get a sense you are heading for divorce, set up an official system that will include documentation, official correspondence, court records, research, notes and more. Make copies for yourself, your attorney and any other members of your team who will benefit from having pertinent information.

Why is being organized important in divorce?

The Benefits of Being Organized. Depending on the complexity of your divorce, you may need a lot of documentation to give to your lawyer or Certified Divorce Financial Analyst . The more organized you are upfront will not only save you time and stress, but it will also save you money as well.

Why is it important to make sure you are treated fairly after divorce?

Making sure you are treated fairly is vital to give you the best chance of moving forward in the best possible way after your divorce is finalized. Whether your divorce issues are narrow and simple or complex and multifaceted, you will still need to acquire a fair amount of information to prepare for divorce.

How many pages are in a final escrow statement?

Final Escrow Statement from Close of Escrow/Settlement Statement for purchase or sale (usually 2-3 pages) and for last refinance (if applicable). Shows price, down payment, closing fees, etc.

How many bills do you have to pay before divorce?

Before your divorce, you had one house payment, one set of utility bills, one health insurance policy and so forth. Now, you and your spouse will now have two of each of these (and many others) to deal with. This means you’ll need to have a thorough understanding of your current and future expenses.

Is divorce a give and take?

Keep in mind that divorce is a give and take process, and until you have a full and complete picture of your entire life, you can’t possibly make the best decisions as you negotiate a fair and equitable settlement.

What to do before filing for divorce?

Divorce is not only tasking; it is unpredictable in its outcomes and length. When you decide to divorce, what to do first is a common question. Before filing for divorce, there are things to do that can help you prevent a lot of financial and emotional struggles.

How to prepare for divorce?

Prepare your documents. Include the organization of documents in the preliminary steps to file for the divorce. The better your papers are arranged, the more money you will save. If your documentation is a mess, your lawyer needs more time to go through it, thus increasing your bill. 6.

What is the role of a counselor in divorce?

While a lawyer helps you win the battle in court, a counselor can help you win the internal battle of conflicting forces. A professional can help you prepare for, cope with, and discover strategies of dealing with divorce struggles. Taking the high road during divorce is not easy, yet it is important.

What to do when you are in doubt about divorce?

Furthermore, before breaking the news to your spouse, you can do some other steps to protect yourself. Surround yourself with the support of family, friends, and professionals.

Why is it important to have an experienced lawyer?

Having an experienced lawyer and counselor makes coping with the situation sounder and increases the chances of an acceptable outcome.

How to deal with divorce when you break the news?

Understand how your actions can impact divorce. Once you break the news to your soon-to-be-ex, you need to be more careful about your actions and the things you say. They can be used against you in a court of law. In a divorce, what to do first and what to avoid are crucial questions.

What is the most important step in divorce?

One of the most important steps of divorce is finding an experienced lawyer to help you navigate the complex legal system.

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