By Amy Vandervort-Clark, J.D. | Legally reviewed by Melissa Bender, Esq. | Last reviewed June 28, 2023
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Divorce is complicated. Legally, financially, and emotionally, divorce takes a toll. The process of ending a marriage brings many questions. What will be in the best interest of the child or children? How is child custody determined? What divorce laws does my state follow about our marital property? What is the most equitable way to divide our assets? What liabilities do I have to my spouse's debts?
In many cases, it's best if you have legal advice. Divorce attorneys can help alleviate some of your legal and financial stress. They will advocate for a division of property that works in your favor. They can help work out the best co-parenting or custody arrangement for you.
If you do retain a divorce attorney, you can help save your attorney time by gathering important documents before your first meeting. Doing this beforehand gives your attorney a quick and helpful look at the property and assets likely involved in your divorce case. This will allow you to work together to secure your short and long-term interests.
The divorce checklists below, organized into general categories, provide a list of issues to discuss with your divorce lawyer. They also give you an idea of what documents you'll need to gather. Not every item listed will apply to you and your divorce.
Issues Relating to Children
____ Child support
____ Legal custody of child or children
____ Physical custody of child or children
____ Visitation with the non-custodial parent
____ Visitation with stepchildren
____ Health insurance for children
____ Dental insurance for children
____ Uninsured health care costs
____ College education and costs
____ Beneficiaries of life insurance policies
____ Other accounts for the children
____ Claiming children as dependents for income tax purposes
____ Religious upbringing of children
Property Issues
____ Staying in the marital home
____ Equity in the homestead or marital home
____ Other real property
____ Home furnishings
____ Business assets
____ Professional practices
____ Professional degrees
____ Retirement benefits and accounts (pensions, IRAs, 401(k) plans)
____ Student loan debt
____ Estate plan
____ Motor vehicles
____ Recreational vehicles
____ Personal property
____ Savings accounts
____ Stocks, bonds, and investment funds
____ Eligibility for ex-spouse's Social Security benefits
____ Compensation for contributions as a homemaker
____ Hidden assets
____ Debts
Spousal Support Issues
____ Entitlement to spousal support or alimony
____ Temporary support order during the divorce
____ How much?
____ How long?
____ Continued health care coverage through COBRA
Other Issues
____ Domestic violence
____ Order for protection
____ Child abuse
____ Parental kidnapping
____ Legal separation
____ Changing your name after divorce
____ Post-divorce nonfinancial support
____ Divorce mediation
____ Attorney's fees and expenses
Documents to Have Ready
____ Individual and business income tax returns for the past three to five years (federal, state, and local)
____ Proof of your current income and pay stubs
____ Proof of your spouse's current income and pay stubs, if available
____ Prenuptial agreement
____ Postnuptial agreement
____ Separation agreement
____ Bank account statements
____ Certificates of deposit
____ Pension statements
____ Retirement account statements
____ Trusts
____ Stock portfolios
____ Stock options
____ Mortgage documents
____ Property tax statements
____ Credit card statements
____ Loan documents
____ Utility bills
____ Other bills (such as school tuition, unreimbursed medical bills, lessons for children, etc.)
____ Monthly budget worksheet
____ Completed financial statements
____ Employment contracts
____ Benefits statements
____ Life insurance policies
____ Health insurance policies
____ Homeowner's insurance policies
____ Automobile insurance policies
____ Personal property appraisals
____ Real property appraisals
____ List of personal property (including home furnishings, jewelry, artwork, computers, home office equipment, clothing, family heirlooms, etc.)
____ List of property owned by each spouse before marriage
____ List of property acquired by each spouse separately by gift or inheritance during the marriage
____ List of contents of safety deposit boxes
____ Student loan statements
____ Wills
____ Living wills
____ Powers of attorney
____ Durable powers of attorney
____ Advance health care directives
____ Other legal documents
Every divorce is different. Every couple enters and leaves a marriage under different circumstances and with different assets. To ensure nothing is overlooked, it is a good idea to have an honest conversation with your attorney about all your property and assets.
There are many legal issues involved in a divorce. They can be complex, which is why it can be overwhelming to go through a divorce without an attorney. Having a divorce or family law attorney is the only way to protect your rights and ensure you receive what you deserve. Contact a local divorce attorney who can answer any questions and help guide you through the divorce process.
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