Depending on how you came to the decision to divorce, you may be wondering what the process is, or how you should go about preparing for the proceedings. Your lawyer may ask you to compile certain documents, and it’s best that you comply in advance. It’s not uncommon for a spouse to take paperwork without the other person’s knowledge, even taking it so far as to destroy it, and claim that they don’t know where it is or that the spouse has it and won’t release it. Sadly, divorce makes some people do unsavory things. While you may believe that your spouse will handle things above the board, there is always a need to protect yourself and your assets – prepare for divorce by having all of your paperwork before anything takes place.
Organization is Key
Whether you need to obtain an attorney to uphold your rights, or you and your spouse are able to gather the proper documentation in a civil manner, the key to keeping any divorce proceedings moving smoothly is organization. Some divorce specialists recommend using a binder to keep everything together, listing items chronologically or as part of a divorce paperwork checklist. Making sure you have a copy of everything listed, even if your spouse currently has possession of said item, is imperative. Depending on your personal situation, there are four main parts to the majority of divorce proceedings, all of which require different documents or statements:
Spousal Support (Alimony)
Income tax returns are some of the most important documents in a divorce, mainly because they can provide evidence related to numerous issues. For example, spousal earnings are a major factor in a court’s decision about whether to award spousal support, otherwise known as alimony. Make copies of your tax returns and any documents related to the sources of income, including W-2 forms and work-related 1099s. Make sure to include statements referencing other types of less common income, like dividend payments and rental property income – you don’t want to forget even the smallest income, as your spouse could use it against you if it’s not acknowledged. Because alimony is more subjective than child support, be sure to gather any documentation that may determine your ability to work, such as proof of a disability. Paperwork showing extraordinary medical expenses is also relevant.
Division of Property
With the exception of gifts and inheritances that are and will remain in your name, virtually all property you’ve accumulated during your marriage should be divided between you and your spouse when divorcing. Some of the items you should gather as you prepare for divorce are:
- Real estate deeds
- Bank account statements
- Retirement account documents (like pensions and 401(k)’s)
- Proof of ownership of any valuable personal property
It’s also wise to make a detailed list of your personal property, such as furniture, electronics or gadgets, jewelry, etc. If your spouse owns a business, it’s necessary that you obtain as much information as possible about the company. You may have the least amount of access to this area, but it’s also where documentation is most likely to disappear or be altered. This is where having the help of an experienced divorce attorney can help you protect your rights during the division.
Both parents have an obligation to support their children. Child support guidelines are determined by each state, so when you prepare for divorce, verify what your state requires beforehand. Although there are some variables, the courts primarily take the total income of both parents and then divide it proportionally to determine each parent’s child support obligation. The financial data needed for a spousal support decision will also be used by the court in deciding a child support figure.
Child Custody and/or Visitation
Barring either spouse posing a problem to a child, a judge will most likely award joint legal custody. This allows both parents to participate in making the major decisions regarding raising children (education, religious training, etc.). Physical custody—where the child physically resides—is something that will be decided during the proceedings. The parent who doesn’t have residential custody will be afforded time with the child, which should be determined by a visitation schedule. As with all matters involving children, the court will do whatever is in the best interest of the child(ren).
Find the Help You Need
Looking for and hiring the right divorce attorney can be overwhelming and exhausting, so let us help you make your decision. If you’re in the greater Huntsville, AL area, Charlotte Christian Law can help you with all of your divorce questions, including what types of paperwork are needed for your personal situation. Contact us today!