By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed December 19, 2022
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Divorce is complicated -- legally, financially, and emotionally. Dividing up property a couple has acquired throughout their marriage (also known as marital property) can be one of the most contentious aspects of divorce. Luckily, divorce attorneys can help alleviate some of your legal and financial stresses by advocating for a division of property that works in your favor.
If you've decided to retain legal counsel, you can help save your divorce attorney time (and save yourself some money) by gathering important legal and financial documents together before the initial consultation. Doing this ahead of time gives your attorney an immediate and useful overview of the property and assets likely to be at issue in your case. Most importantly, it allows the two of you to work together to secure your short and long-term interests.
The following is a list of documents to show your divorce attorney. Many of these documents will not be required for the initial consultation. You may not even have the item, in general. But, if you do, it may be a good idea to start collecting it for your attorney.
Also, keep in mind that everyone's case is unique. You should consult your divorce attorney about any other documentation they need to best represent you. The following documents will be helpful:
| ____ | Individual income tax returns for the past three to five years (federal, state, and local) |
| ____ | Business income tax returns for the past three to five years (federal, state, and local) |
| ____ | Proof of your current income through your last three paystubs |
| ____ | Proof of spouse's current income |
| ____ | Prenuptial agreement |
| ____ | Separation agreement |
| ____ | Bank statements from the last six to twelve months |
| ____ | Certificates of deposit |
| ____ | Pension statements |
| ____ | Most recent retirement account statements, and if there were any purchased before marriage (non-marital claim), the statement before your date of marriage |
| ____ | Trusts |
| ____ | Stock portfolios |
| ____ | Stock options |
| ____ | Most recent mortgages, and if there were any mortgages before marriage (non-marital claim), the mortgage before your date of marriage |
| ____ | Property tax statements, formal appraisal, or PVA value statements |
| ____ | Most recent credit card statements, from each card |
| ____ | Loan documents |
| ____ | Utility bills |
| ____ | Other bills (e.g., school tuition, unreimbursed medical bills, music lessons for children, etc.) |
| ____ | Monthly budget worksheet |
| ____ | Completed financial statements |
| ____ | Employment contracts |
| ____ | Benefits statements |
| ____ | Life insurance policies |
| ____ | Health insurance policies |
| ____ | Personal property appraisals |
| ____ | Real property appraisals |
| ____ | List of personal property, including home furnishings, jewelry, artwork, computers, home office equipment, clothing, and furs, etc. |
| ____ | List of property owned by each spouse prior to marriage |
| ____ | List of property acquired by each spouse individually by gift or inheritance during the marriage and, if possible, the will or document which created the gift/bequest |
| ____ | List of contents of safety deposit boxes |
As you can see, the above list is extensive -- yet, it is not exhaustive. Every divorce is different since every couple enters and leaves a marriage under different circumstances and with different assets. Therefore, to ensure no property is overlooked, it is always a good idea to have an open and frank conversation with your attorney regarding all of the property and assets relevant to your case.
If you're just starting the divorce process or planning to do so, you may feel overwhelmed by all of the steps required. If you also have children, the process can be much more emotionally draining. The following resources will help you make sense of your state's divorce laws and the divorce process in general.
After determining which documents to show your divorce attorney at that first consultation, you'll want to find the right attorney. This legal professional will help guide you through your divorce, and provide helpful legal advice along the way.
If you need legal counsel, find an experienced divorce attorney near you today.
Contact a qualified divorce attorney to make sure your rights are protected.
Get tailored divorce advice and ask a lawyer questions. Many attorneys offer free consultations.