How to Organize Your Documents for Divorce: The Complete Checklist of Everything You Need

Divorce requires extensive financial disclosure — and the documents you need are the same regardless of whether your divorce is amicable or contested. Courts require both parties to file a financial affidavit (a sworn statement of income, expenses, assets, and debts), and every number on that affidavit must be supported by documentation. The 6 categories: (1) Income and employment (pay stubs, tax returns, W-2s, 1099s, business records). (2) Bank and investment accounts (statements for every account — checking, savings, brokerage, retirement). (3) Real property (mortgage statements, deeds, appraisals, property tax records). (4) Debts (credit card statements, loan documents, student loans, medical bills). (5) Insurance (health, life, auto, homeowner/renter). (6) Children's records (school, medical, extracurricular, childcare costs). The critical timing: gather copies of everything BEFORE your spouse knows you are considering divorce. Once the divorce is filed, access to joint accounts and shared documents can become restricted or contested. A spouse who suspects divorce may change passwords, remove documents from the home, or close accounts. The preparation phase is when you have the most access. DivorceIQ provides a state-specific document checklist that you can work through item by item — checking off each document as you gather it and identifying which ones you are missing. This content is for educational purposes only and does not constitute legal advice.

Income documents: 3 years of federal and state tax returns (both joint and individual if filed separately in prior years), 6 months of pay stubs (both spouses), W-2s and 1099s for the last 3 years, business tax returns and K-1s if either spouse owns a business, year-to-date income statements from each employer, and documentation of any other income (rental, investment, alimony from a prior marriage, Social Security, disability). Why 3 years of returns: the court uses multi-year income to identify trends and to average variable income. If your spouse earned $200,000 in 2024 but claims they now earn $80,000, the 3-year history challenges that claim. If your spouse is self-employed, the 3 years of business returns show the pattern of revenue, expenses, and net income — and whether the recent decline is genuine or manufactured for the divorce. Bank accounts: 12 months of statements for every account — checking, savings, money market, certificates of deposit. Both joint accounts and individual accounts. This includes accounts at traditional banks, online banks (Ally, Marcus, Discover), and any fintech accounts (Venmo balance, PayPal balance, Cash App). Highlight any large withdrawals, transfers, or account closures in the 12 months preceding the divorce. Investment and retirement accounts: current statements for all brokerage accounts, 401(k), 403(b), IRA, Roth IRA, pension statements, stock options documentation, RSU vesting schedules, and cryptocurrency exchange accounts (Coinbase, Kraken, etc.). Retirement accounts are often the largest marital asset after the home — they are subject to division even though they are in one spouse's name. DivorceIQ tracks which financial documents you have gathered and flags the ones that are still missing — so nothing falls through the cracks.

Real property: mortgage statements (current balance, monthly payment, interest rate, term), property deeds and title documents, property tax assessment records (shows assessed value), recent appraisals or comparative market analyses (CMA from a real estate agent), home improvement receipts (improvements made during marriage may affect equitable distribution), and rental property records (lease agreements, income/expense statements) if you own investment properties. Vehicles: registration documents, loan statements (balance, payment, payoff amount), insurance declarations pages, and estimated value (Kelley Blue Book or NADA guide). Include all vehicles — cars, trucks, motorcycles, boats, RVs, and any recreational vehicles. Personal property of value: appraisals for jewelry, art, collectibles, firearms, and any other items worth over $500. Receipts for major purchases made during the marriage. Photographs of valuable items (especially if they are in the other spouse's possession and could be moved, sold, or hidden). Debts: current statements for all credit cards (both joint and individual), mortgage statements, auto loan statements, student loan statements (federal and private), personal loan documentation, medical debt, HELOC (home equity line of credit) statements, and any tax debt (IRS payment plans, state tax obligations). For each debt, note: whose name it is in, when it was incurred (before or during the marriage), and the current balance. The marital vs separate distinction: debts incurred during the marriage are typically marital debts regardless of whose name they are in. A credit card in your spouse's name that was used for family expenses is a marital debt. A student loan from before the marriage may be separate property in some states. Document the origination date of each debt to help your attorney classify them. DivorceIQ categorizes debts as marital or potentially separate based on origination date and your state's classification rules.

Insurance: health insurance policy (coverage details, monthly premium, who is covered), life insurance policies (face value, cash value if whole life, beneficiary designations), auto insurance declarations, homeowner/renter insurance, disability insurance, and long-term care insurance. After divorce, you will need your own health insurance if you were on your spouse's plan — COBRA costs $500-2,000/month, so this is a major financial planning item. Children's records: school enrollment and tuition documents (especially private school), childcare/daycare costs with receipts, medical records and insurance coverage details, special needs documentation (IEP, therapy costs, medical equipment), extracurricular activity costs (sports, lessons, camps), and any educational savings accounts (529 plans — these are assets subject to discussion in the divorce). The organizational system: create a digital and physical system. Digital: scan every document and organize into folders by category (use Google Drive, Dropbox, or iCloud — NOT a shared family account your spouse can access). Name files clearly: 2025-tax-return-federal-joint.pdf, 2026-01-chase-checking-statement.pdf. Physical: keep originals of personal documents (birth certificates, passports, SSN cards) in a location your spouse cannot access — a safety deposit box in your name only, a trusted family member's home, or a locked safe. The master spreadsheet: create one spreadsheet with tabs for: all bank accounts (institution, account number, current balance), all debts (creditor, account number, balance, monthly payment), all property (item, estimated value, titled in whose name), all income sources (source, monthly amount), and all monthly expenses (category, amount). This spreadsheet becomes the backbone of your financial affidavit and is exactly what your attorney needs at the first meeting. DivorceIQ includes a document tracker with all 50+ items organized by category — check off each one as you gather it, and it flags the priority items you should secure first.