what paperwork should your lawyer provide you during a divorce

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 related to marital debt, assets, property valuations, etc. Attorneys want documents because dry ink doesn't lie.

Full Answer

What should I look for in a divorce attorney?

You'll need to decide whether:

• you can handle your own divorce case through a do-it-yourself (DIY) method
• you want to try mediation (with our without an attorney) to resolve disputed issues, or
• you need to hire an attorney to represent you through settlement and/or in court.

What does it take to become a divorce lawyer?

Becoming a divorce lawyer takes seven years of formal higher education, including a four-year bachelor’s degree and a three-year law degree. Read on to learn more about required education, skills and career statistics. Is becoming a lawyer difficult? 1. The challenging years of law school. The process of becoming a lawyer isn’t for the ...

What documents are required to file for divorce?

To apply for a divorce you’ll need:

• your husband or wife’s full name and address
• your original marriage certificate or a certified copy (and a certified translation if it’s not in English)
• proof of your name change if you’ve changed it since you got married - for example your marriage certificate or a deed poll

Do I really need an attorney for my divorce?

Your spouse may tell you that you do not need an attorney, or that you both can retain one attorney to complete your divorce. However, one attorney cannot represent both spouses in a divorce, since both you and your spouse have conflicting interests. It is important to keep in mind that your spouse’s interests moving forward do not necessarily align with yours. The safest course of action is to seek your own attorney for advice before signing any documents.

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.

What do I need to keep track of divorce?

15 Things You Should LogEverything you do on a daily basis.Copies of communications with your lawyer.Important dates regarding the divorce itself.Details about parenting your child(ren)Any documentation you acquire that can back up your parenting time notes.Details about trading off the child(ren) with your spouse.More items...

How do you play dirty in a divorce?

Top 10 Dirtiest Divorce TricksServing Papers with the Intent to Embarrass. You're angry with your spouse, and you want to humiliate him or her. ... Taking Everything. ... Canceling Credit Cards. ... Clearing Our Your Bank Accounts. ... Starving Out the Other Spouse. ... Refusing to Cooperate. ... Jeopardizing Employment. ... Meddling in an Affair.More items...•

How do you keep a journal for divorce?

Starting a Journal Write down everything you can remember regarding your family situation, including as many dates as possible (and be careful about not creating new memories that may not have actually occurred). And then continue to journal on a regular basis as events and feelings occur.

What should you not do during separation?

5 Mistakes To Avoid During Your SeparationKeep it private. The second you announce you're getting a divorce, everyone will have an opinion. ... Don't leave the house. ... Don't pay more than your share. ... Don't jump into a rebound relationship. ... Don't put off the inevitable.

How do I protect myself financially in a divorce?

How to Financially Protect Yourself in a DivorceLegally establish the separation/divorce.Get a copy of your credit report and monitor activity.Separate debt to financially protect your assets.Move half of joint bank balances to a separate account.Comb through your assets.Conduct a cash flow analysis.More items...•

How do you fight a narcissist in a divorce?

Divorcing a NarcissistDon't Even THINK That Your Divorce Will Be Amicable. ... Get a Strong, but Reasonable, Divorce Lawyer. ... Get a Therapist. ... Assemble Your Support Team BEFORE You Divorce. ... Get EVERYTHING in Writing! ... Stay Out of Court as Much as You Can. ... Find Ways Your Narcissistic Spouse Can “Win” ... Pick Your Battles Wisely.More items...

Why does a narcissist drag out a divorce?

Knowing that you are able to move on without their influence can be unbearable for them. They crave your dependence and loyalty above all else. Without you, they will feel the need to act in an aggressive or jealous manner. This can make a simple divorce case quickly turn into a drawn out affair.

Is furniture considered an asset in a divorce?

When household items, including your furniture, furnishings and appliances do not have a substantial value, spouses will equally divide the items based on agreed-upon method. One option is for spouses to alternate picking an item until all of the items are divided (absent personal effects).

What is a divorce journal?

Your divorce journal is always there for you to write down your thoughts or details about something that happened right when you need to. Then later, you'll have a more detailed recollection of exactly what you wanted to talk to these individuals about without forgetting anything.

Can diaries be used as evidence?

While you don't have to worry about your diary calling the police to report you, if you are arrested and your diary is discovered during a valid search, it can be used against you as evidence in court.

Can journal entries be used in court?

Personal Diaries in the Courtroom While a diary is going to be considered hearsay, there are numerous exceptions to hearsay rules that would allow a diary's use in court. Even if a diary doesn't contain relevant evidence, courts will usually allow the side requesting to see it to make that determination for themselves.

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 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.

What is a copy of a check ledger?

If you or your spouse work for cash, copies of check ledgers that will show any expenses paid during the marriage. A copy of any financial statements or statements of net worth prepared by you or your spouse for the purpose of securing bank loans or for any other purpose.

What information should be included in a monthly budget?

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

Do spouses pay stubs show year to date?

Your spouse's paycheck stubs for the same period of time. Those check stubs will often show year-to-date earnings and deductions.

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."

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.

Preparing to Meet with Your Divorce Attorney

When preparing to start your divorce action, or if you already know that you will soon be served by your spouse, it is important to gather and organize the paperwork that will be necessary. Many people hate the idea of paperwork and even try to procrastinate about it, but being pro-active will save a lot of time in the long run.

Documentation and Information Needed

On the first visit to your attorney be prepared with the date of marriage, birthdates and social security numbers for you and your spouse, information about previous marriages including divorce decrees, prenuptial or postnuptial agreements, and any judgments and pleadings that involved either you or your spouse.

How are Assets and Debts Documented?

The process of determining total assets and debt is more involved. You will need to produce paperwork that includes tax returns, bank statements, loan statements, credit card statements, marital home and other real estate information, vehicle information, health and other insurance accounts, investment accounts, and retirement accounts.

What Will Be Required by the Court?

The summarization of a complete and accurate financial picture is a very important part of the divorce process. This disclosure of information will be put together from the paperwork and documents discussed here.

Seek the Representation of Hulse Law Firm

Being aware of the documentation needed and taking the time to prepare and organize your paperwork will save you a significant amount of time, money, and much of the unnecessary last minute stress.

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 is the purpose of texting your spouse?

It gives the attorney a sense of how you and your spouse or co-parent communicate, and it gives your attorney an opportunity to coach you through good and bad responses.

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.

What to do if you have been keeping a calendar of events?

Calendars/Journals. If you’ve been keeping a calendar of events or journaling, you should consider bringing those to help jog your memory about timeline and events. Inflammatory Documents. Don’t hold back from your attorney.

Who is Heather from the law firm?

Heather is the firm’s managing partner and divorce law guru. Heather knows all the ins and outs of divorce in Maryland and DC, and she knows exactly what to do to put her clients in a position to accomplish their goals.

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 save a copy of a family law document?

If you can easily obtain the hard copies and the electronic copies, get both. Save the electronic versions of the documents to a thumb drive, burn them to a CD, or e-mail them to your lawyer. Because making copies of voluminous documents can be costly, you may want to avoid copying. However, skip photocopying only if you are absolutely sure that the electronic versions are exactly the same. Talk with your lawyer about who should make the copies, handle the scanning, and/or organize the documents. To save money, some lawyers encourage clients to copy and organize documents themselves. Other family law attorneys will perform these tasks in order to handle them within their own document management system. Who copies, scans, and organizes documents often depends on the size of the estate and the complexity of the disputed issues.

What happens if you omit a statement in a divorce?

Likewise, if you omit a particularly damaging statement, the missing page may stick out like a sore thumb. If that page eventually gets discovered and turns out to list charges for an out-of-town trip with a previously undisclosed paramour, your own lawyer can be blindsided in negotiations or, worse, in court in front of the judge. Active concealment of documents—from your own attorney, as well as from the other side—can destroy your credibility. Many experienced family law attorneys will tell their clients to assume that the other spouse will find out everything and, thus, clients need to share with their lawyer everything damaging to the case. Only careful planning with your attorney can safeguard your credibility with the judge and minimize any potential embarrassment and/or financial costs of the divorce.

What do lawyers need to know about insurance?

Your lawyer needs copies of all insurancepolicies, including, but not limited to, life, annuity, health, accident, homeowner’s, renter’s, casualty, motor vehicle of any kind, property, or premises liability insurance. Also, many policies have separate “declaration pages” listing the specific names of owners, beneficiaries, and key financial information. Finally, make sure to obtain recent statements showing balances and premiums due. These statements generally are issued monthly, quarterly, or annually. If appraisals have been obtained to insure valuables under a homeowner’s insurance policy, copy those as well.

What documents are needed for a business loan application?

For all mortgages, second mortgages, home equity lines of credit (HELOCs), credit cards, lines of credit, car loans, and promissory notes, loan applications may include personal and business financial statements showing assets, debts, and income declarations. Because often business owners are personally liable for business debts, you will want to copy any other documents showing why the debt was incurred.

How long do you need to copy a financial statement?

For major documents, such as financial statements, tax returns, and brokerage account statements, you may want every single page you can put your hands on. For other documents, such as those concerning a major acquisition of a business interest seven years ago, you may want documents going back around eight years. For less valuable assets and debts, only three to five years’ worth may be needed. It just depends. When in doubt, copy it. But before going to a great deal of expense or effort, talk with your lawyer. Getting the right answer to a quick question can save time and money.

What is the first step in dividing assets and debts?

Before assets and debts can be divided, they first must be identified, classified, and valued. Classification means determining what is separate property and what is marital or community property. In determining spousal and child support, courts look at what the obligor spouse (the one who must pay) earns, and that analysis depends in large part on what the spouse’s earnings history has been. Your spouse’s income history may be reflected in the many pieces of paper gathering dust in closets and manila file folders.

Why is it important to have a resume for your spouse?

8. Resumes. Resumes for you and your spouse can be very important if one or both spouses are not earning as much money as in the past or are voluntarily underemployed or unemployed.

What is the most contentious aspect of divorce?

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.

Is divorce exhaustive?

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 ...

Is it a good idea to have an open and frank conversation with your attorney regarding all of the property?

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.