Divorce Document Checklist
A comprehensive list of documents you need to gather before and during the divorce process. Having these documents organized and accessible saves time, reduces legal fees, and helps ensure a fair outcome.
Checklist
You will need a certified copy of your marriage certificate to file for divorce. If you do not have one, you can obtain a copy from the vital records office in the county or state where you were married. Some states accept an uncertified copy, but a certified copy is always safer.
Gather copies of driver's licenses, passports, and Social Security cards for both spouses and all children. These are needed for court filings, financial account changes, and identity verification throughout the process.
Certified copies of birth certificates are required for custody filings and may be needed for child support calculations. If you do not have them, request copies from the vital records office in the state where each child was born.
If you signed a prenuptial or postnuptial agreement, locate the original signed document. This agreement will significantly impact property division and potentially spousal support. Your attorney will need to review it early in the process.
Tax returns provide a comprehensive overview of income, deductions, and financial activity. They are essential for calculating child support and spousal support and for verifying income and asset disclosures. Request copies from the IRS using Form 4506 if needed.
Gather title documents for all real estate, vehicles, boats, and other titled property. These establish ownership and are needed to transfer titles after the divorce. Include the most recent mortgage statements and loan documents.
Collect all insurance policy documents including the declarations pages that show coverage details, premiums, beneficiaries, and cash values. Life insurance policies with cash value are marital assets. Health insurance will need to be restructured after divorce.
Locate all wills, living trusts, powers of attorney, and healthcare directives. These will need to be updated after the divorce. Trusts may also be relevant to property division if marital assets were placed in a trust.
Gather business tax returns, profit and loss statements, balance sheets, operating agreements, partnership agreements, and buy-sell agreements. Business interests are marital assets that must be valued and addressed in the settlement.
If you plan to claim any assets as separate property (premarital assets, inheritances, gifts), gather documentation that traces the origin and history of those assets. This may include bank statements showing the asset existed before the marriage, inheritance documents, or gift letters.
Tips
- 💡Make copies of everything and store them in a secure location outside the marital home, such as a safe deposit box, a trusted friend's house, or a secure cloud storage service.
- 💡Start gathering documents as early as possible — it becomes much harder to access shared documents after the divorce is filed and tensions increase.
- 💡If you cannot access certain documents, your attorney can obtain them through the discovery process, but this takes time and increases legal fees.
- 💡Create an organized filing system (physical or digital) with clearly labeled categories to keep everything accessible for your attorney and court proceedings.
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Common questions about this checklist
If your spouse controls the documents, start by accessing what you can, such as online banking portals, email statements, and tax records. Your attorney can use the formal discovery process to compel your spouse to produce documents. In the meantime, request copies directly from financial institutions, the IRS (Form 4506-T for tax transcripts), and your county recorder's office for property records.
A general guideline is to gather at least 3 to 5 years of financial records, including tax returns, bank statements, and investment account statements. For complex cases involving business ownership, suspected hidden assets, or significant asset tracing, your attorney may request records going back further. The more complete your records, the better positioned you are.