Planning for Divorce
Smart pre-divorce planning can make a huge difference. You will need to gather financial, tax and legal information to proceed with a divorce.
Expect your attorney to request:
Personal information for each party and minor child including full names, dates of birth and social security numbers
Addresses for the past five years if you have minor children
Date and place of marriage/separation
Income information for each spouse, along with recent pay stubs
Most recent tax return
Any pre- or post-nuptial agreement, if any
Business ownership documents, if any
List of employer-provided benefits including health insurance, disability insurance, life insurance and retirement plans
The division of marital property is common to every divorce. It is helpful to obtain statements or information on assets and debts.
Assets to be divided include:
Real estate (get a copy of your deed for each property)
Household furniture, furnishings & appliances
Jewelry, antiques, art, coin collections, etc.
Vehicles, boats & trailers (get the title for each vehicle)
Bank accounts
Tax refund
Life insurance with cash surrender or loan value
Stocks, bonds, secured notes & mutual funds
Retirement and pensions (vested and unvested)
Profit-sharing, IRAs, deferred compensation, annuities
Accounts receivable, unsecured notes
Business interests
In addition, the court will divide any debts, including:
Mortgages
Auto loans
Student loans
Taxes
Support arrearages
Unsecured loans
Credit cards
The divorce process differs in each state. Take some time to understand the process in your state.
You are not required to hire an attorney to complete a divorce. Every state has procedures that allow a person to obtain a divorce without an attorney. You may, however, find that the process can be very difficult without counsel.
If you are a member of a military family, you should take advantage of the resources on base by making an appointment at the Base Legal Office. While the judge advocate cannot represent either you or your spouse in a civilian court, he/she can provide helpful information on the local process and help you understand any proposed agreements.
