Documents are very important in divorce disputes. They can be important in establishing reasons for guilt. They are certainly important in establishing the factors necessary to ensure that you get or keep your fair share of spousal income, assets and debts. If you can’t prove your case, you may not get a fair share of income, assets, and liabilities. The degree to which you cooperate with your attorney and provide supporting documents is commensurate with the degree of success you may experience in obtaining or retaining your fair share of spousal income, assets, and debts.
The documents mentioned in this article are the standard documents we request from clients in contested divorce cases and are included in our client divorce handbook. You should ask your lawyer if there are any additional documents that can support your case. At a minimum, you should collect the documents listed in this article and give them to your divorce lawyer early in the representation. The more organized you are to begin with, the better for your case. Many of the documents may be needed early in the litigation and may take some time to obtain.
Under Virginia law, it is absolutely necessary to have a complete picture of both spouses’ assets, income, and liabilities in order for the court to make a fair and equitable distribution. By providing your lawyer with the information and documents mentioned in this article, you will save time and money. You will also assist your attorney in preparing the pleadings and documents required in your case. Additionally, possession of these documents could help prevent your spouse from dissipating or segregating assets. You should make a list of the documents that you cannot obtain and give it to your lawyer so that he or she can try to obtain them for you.
Income:
Because it is important to establish an accurate picture of your and your spouse’s financial situation, you should collect income tax returns, including personal, corporate, partnership, joint venture, or other income tax returns. federal and state income taxes, including all schedules thereto (w-2, 1099, and k-1 forms) in your possession or control during the period of your marriage and separation.
In addition to tax records, you should also obtain supporting documents that reflect current income information, such as pay stubs and other evidence of income for you and your spouse since your last return was filed. Don’t forget other employment records during the life of the marriage, showing evidence of wages, salaries, bonuses, commissions, raises, promotions, expense accounts, and other benefits or deductions of any kind. Be sure to include all records showing fringe benefits available to you or your spouse from any business entity, including but not limited to auto, travel, entertainment, education, and personal living expenses.
Assets:
Because it is important to identify marital property, you should also collect deeds and leases to property in which you or your spouse have an interest, along with evidence of any contributions, cash or otherwise, made by you or your spouse. in his name, for the acquisition and maintenance of said real property during the marriage or after. You should also provide your attorney with copies of any real estate related sale or option agreements and personal property tax returns filed in Virginia or elsewhere from the beginning of your marriage to the present.
If there are stocks, bonds, or mutual funds, you should collect certificates, if available, from accounts owned by either spouse during the marriage or owned before the marriage or acquired after separation. You should also gather all documents related to stock options, including options granted by employers. If there are pensions, profit-sharing plans, 401(K) plans, retirement plans, or deferred compensation plans, you should gather all the documents available to your attorney. If the plan administrator has a packet for the divorcing parties, she must request that packet.
Business assets:
If you or your spouse have operated a business during your marriage, you must provide your attorney with any personal or business-related business records or ledgers in your possession and control, along with all accounts and journals. Be sure to include any partnership and joint venture agreements you were a party to during the marriage.
personal property:
Regarding movable property, in addition to the declarations of movable property, you must gather all the documents of interest, invoices, contracts, insurance policies and appraisals on all movable property, including furniture, belongings, fixtures, equipment, antiques and any collections owned by you individually, jointly, as trustee or guardian, or through any other person or entity during the term of the marriage. Be sure to include any firearms registrations issued or pending receipt of government registration documents, that you own, own, or control for the past five (5) years.
Be sure to include motor vehicle titles, as well as all financing agreements for all motor vehicles owned, individually or jointly, at any time during the last five (5) years, including airplanes, boats, motorcycles , automobiles or any other type of motor vehicles.
If you and your spouse have executed wills and trust agreements, or if you or either of you or your spouse have a present or contingent interest under a will or trust agreement or you or your spouse are beneficiaries, trustees, executors, or guardians under a will or trust agreement and you receive or have received or will receive benefits and that exist or existed during the last five (5) years, including inter vivos trusts, you must provide those documents to your attorney, along with all trust statement records and minute books of all trusts to which you are a party, including certificates, if any, showing such interest and copies of all statements, receipts, disbursements, investments and other transactions.
Regarding income and assets, your lawyer will need information about your bank accounts and investments. You should collect monthly bank statements, passbooks, check registers, deposit slips, canceled checks, and bank charge notices on personal and business accounts, certificates of deposit, and money market and retirement accounts from banks, savings and loans, cooperatives credit union or other institutions in which you or your spouse have an interest. If you have brokerage statements from stock and/or commodity dealers or mutual funds held by you or your spouse during the marriage, either jointly or individually, you should provide those statements to your attorney.
If you or your spouse have submitted loan applications or financial statements to banks, lending institutions, or other persons or entities within the last five years, you should provide those documents to your attorney. In fact, we have been able to discredit a spouse’s testimony using the information she provided on loan applications.
Sure:
Another area of interest is insurance. If you or your spouse have life insurance policies that insure your or your spouse’s life, you should provide your attorney with a copy of the policy and any statement of cash value. You should also gather for your attorney copies of the last five years’ health, casualty, accident, auto, property liability, and annuity insurance policies.
Marriage debts:
In addition to income and assets, another area to consider is outstanding debt. You must gather all documents that reflect debts owed to or by you, secured or unsecured, including personal loans, credit card statements, and judgments pending or previously filed in any court. Be sure to include lawsuits and pleadings in which you were a party, either as Plaintiff or Defendant, during the marriage.
Because standard of living can be a factor in divorces, you must include membership cards or documents identifying rights of participation in any country club, key club, private club, association, or fraternal group organization for the last three (3) years of marriage. , along with all monthly statements.
Conclusion:
If you take the time to prepare and compile documentation of your income, assets, and liabilities, you will find that you will be more successful in your efforts to earn or keep your fair share of income, assets, and liabilities. If you don’t take the time to prepare and gather documentation of your situation, your divorce will be more expensive and you may not be able to prove what you need to get or keep your fair share.
