Divorce Document Checklist | What You Need to Prepare

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divorce document checklist
partial view of couple sitting at table with clenched hands near divorce documents

Divorce is a complicated and confusing process that may take longer than you expect. Most people get married to work on a lifetime commitment that may also include starting a family. Due to several reasons, the once happy couple may find themselves contemplating divorce. Although a one-year separation warrants one to file for divorce, it is not as easy as it seems as you have to prepare for the process to ensure your protection. You have to make quick but important decisions within a short time. Take a look at the following divorce preparation tips suggested by Streeterlaw, a family law firm that has the best divorce lawyers in Sydney to help make the process less stressful and easier.

Before Initiating the Divorce Process

Talk to a marriage counsellor to help you cope if you are feeling stressed. They will also give you tips on dealing with the emotions you are experiencing.

Before you make a divorce application, talk to an attorney that seems unimportant can alter the process. The attorney will also let you know about your rights under your state’s law.

If you have not informed your spouse of your intention to divorce them, open a P.O. Box under your name to receive correspondence and mail from your attorney.

You will also need to have copies of the following legal documents:

  • Marriage certificate
  • Prenuptial or post-nuptial agreements
  • Licenses
  • Trust documents
  • Wills executed during the marriage
  • If you have underage kids, make copies of their birth certificates

Update your will. If something were to happen to you during a separation or before the divorce process is over, they would be your beneficiary unless stated otherwise.

Financial Documents

Copies of financial documents that you obtain should go back for several years, not just from recent years. If you have been married for longer, include records dating back five years. In case your marriage did not last that long, or the information is unavailable, documents dating back three years can also be useful. These financial documents include:

 

  • Children’s Bank Accounts
  • Debt Records
  • Employment Records
  • Financial Records (loan information and bank statements)
  • Income Tax Returns
  • Investment Account Statements
  • Pension Plan Information
  • Retirement Savings Accounts
  • Social Security Statements
  • Wills and Trust Agreements

Assets

It would be best if you understood what each one brought into the marriage in the form of assets. Ensure that you have the following information.

  • Personal property, such as jewellery, antiques, collections, artwork
  • Vehicle information
  • Mortgage information
  • Other real estates

Among the assets, indicate what you bought by yourself and include the evidence and what you bought together, including each partner’s monetary contribution.

Other Important Issues

You need to have proof of the following if it is the main reason for the divorce.

  • Adultery
  • Abuse
  • Bullying
  • Kidnapping
  • Substance and alcohol abuse
  • Mental instability or illness

If you experienced extenuating events that have led you to serve your spouse with divorce papers, you need to document them with proof. The documentation can help you in obtaining a good amount of support payments. It could also help in deciding the custody of your kids.


About the Author

Patrick Watt is a content writer, writing in several areas, primarily in business growth, value creation, M&A, and finance. His other interests also include content marketing and self-development. Say hi to Patrick on Twitter @patrickwattpat.

Mick Pacholli

Mick created TAGG - The Alternative Gig Guide in 1979 with Helmut Katterl, the world's first real Street Magazine. He had been involved with his fathers publishing business, Toorak Times and associated publications since 1972.  Mick was also involved in Melbourne's music scene for a number of years opening venues, discovering and managing bands and providing information and support for the industry. Mick has also created a number of local festivals and is involved in not for profit and supporting local charities.        

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