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Documents to Gather for Your Attorney in a Divorce

Posted by attorney Alan Funk

Here is a list of the main source documents used in a divorce:

  1. Real property records.
  • Local address
  • Legal description
  • Copy of the most recent real estate assessor's statement
  • Information as to any outstanding mortgage, deed of trust or real estate contract
  • Exact name(s) in which title is held
  • Estimated value of property

  • Bank records

  • All bank accounts of either party or businesses owned by either party

  • Tax returns and supporting documents both personal and business

  • Pay stubs, W2, K1, 1099

  • Balance sheets and profit / loss statements for self-employed, or parties with ownership interest in a business

  • Contracts showing right to income in the future

  • Investment account records with sufficient information to assess tax consequences of sale of stock after award. If tracing is an issue, continuous records without a gap are necessary

  • Promissory notes, including those showing obligation and those showing right to income

  • Purchase / sale agreements - car

  • Statements for retirement benefits, and copy of Defined benefits plan, or other documents describing rights

  • Shareholders agreements, and other corporate documents for closely held businesses

  • Lists, loan applications, or other documents showing assets owned by either party

  • Present and prior Wills

  • Trust instruments with party either grantor, trustee or beneficiary

  • Gift tax returns (all)

  • Credit card statements

  • Real and personal property tax bills

  • Deeds to property

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