Checklist of Financial Documents for Divorce

One thing that remains true for (almost) all of my Massachusetts divorce clients is that they prefer when I give them the option to retrieve documents as I prepare their case file. When you, as the client, obtain documents to assist your divorce attorney in preparing your file it saves time and money. By avoiding the need of having your divorce attorney send out deposition subpoena's and other discovery requests for items that you, as the client and subject individual could more easily obtain, you will save yourself some billable hours in the long run. Of course there will be times when the documents you provide to your divorce attorney are not sufficient should your case proceed to trial, but evidentiary issues aside, most of my clients ask "what can I get for you?" at one time or another.

After the break I have included a lengthy checklist of documents that I frequently ask for as financial disclosures. If you're preparing, or going through, a divorce in the Commonwealth of Massachusetts these are typically the documents that your divorce attorney is going to be most interested in. This is by no means an exhaustive list, and for the most part I use this list internally only, which means that much of it won't apply. However, in an effort to get as much information "out there" as possible, after the jump you will find my checklist for financial disclosures.

Financial Statements

        Statement of net worth

        Balance sheets

        Income statements

        Profit-and-loss statements

        Statements of cash flow

Income tax returns

        State and federal

        W-2s

        1099s

        K-1s

        Supporting schedules

        Attachments, receipts, or schedules

        Depreciation schedules

Pay Statements

Bank account information

        Bank statements

        Check stubs and registers

        Deposit slips

        Canceled checks

Brokerage account statements

        Physical stock certificates or bonds

Loan applications

        Personal and business financial statements

        Any other documents showing why the debt was incurred

Resumes

Internet history, e-mails, and instant messaging records

Stock options

        Detailed plan descriptions or plan summaries

        Benefit statements

        Employment contracts

        Schedules of vested and unvested granted stock options

        Numbers of options

        Exercise dates

        Exercise prices

        Expiration dates

        Vesting dates

        Employment manuals

        Brochures

        Handbooks

        Memoranda

        Reload and replacement provisions

Pension plans, profit-sharing plans, deferred compensation agreements, and retirement plans

        All benefits statements

        Most recent benefits statements

        Summary plan description

        Qualified domestic relations order (QDRO) procedures

        Full text of the plan itself, if available

        Booklets, pamphlets, information sheets

Credit card statements

Other debts

        Name of the debtor and/or creditors

        Date each debt was incurred

        Total amount of the debt

        Unpaid balance

Insurance

        Policies

        Declaration pages

        Recent statements showing balance and premiums due

Real Estate

        Deeds

        Closing statements

        Appraisals

        Mortgages

        Security agreements

        Leases

Personal property or “stuff”

        Invoices

        Receipts

        Contracts

        Appraisals

        Photos of valuable assets

Employment records, contracts and explanations of benefits

        Employment agreement

        Documentation of compensation

        Bonuses, commissions, raises, promotions

        Expense accounts and other benefits or deductions

        Employment handbook or manual

Wills, living wills, powers of attorney, and trust agreements

        Signed documents

        Statements, receipts, disbursements, and investments

Membership agreements or contracts

        Country clubs, private clubs, associations, or fraternal organizations

        Membership agreements

        Monthly dues statement

Lawsuits and judgments

        Copies of pleadings

        Bankruptcies

        Prior divorces

        Prenuptial agreements

Gifts and charitable contributions

        Nondeductible gifts

        Gift tax returns

Medical records

        Records documenting the diagnosis

        Names of treating physicians

        Evaluation reports

        Prescriptions for medical, psychiatric, or psychological treatments

Cellular phone, home telephone, and long-distance carriers

        Detailed records of calls

Inventory of safe deposit boxes or in-home safes

Tapes, letters, e-mails, and photos

        Text messages

        Phone messages

        E-mails

Notes or agreements

Calendars

        Personal and business

        Computerized organizers

        Smart phones

        Personal daily assistants

        Daily planners

Intellectual property

        Royalties

        Patents

        Trademarks

        Copyrights

Fault

Disputes over children

Report cards and notes

        Notes from parent-teacher conferences

        Improvement or decline in grades

Cards, drawings and sample photos

        Love, affection, and emotional ties shown in artwork or schoolwork

        Handful of photos of the children enjoying daily living

        Kitchen, bathroom, living room and children’s bedrooms

Primary caregiver

        Food, clothing, medical care, education, and other necessities

        Notes setting regular dental appointments

        Evidence of scheduling and driving the children to a tutor

Continuity, stability and community records

        Importance of continuity in your children’s lives

        Stable and satisfactory environment

        Home environment

        School activities

        Community involvement

        Pictures of trophies or awards

        Academic achievement, sports, church activities, or scouting

Preference

        Preference of the children to live with one parent

Abuse

        Evidence of physical or emotional abuse

        Photos of bruises

        Medical records for doctors’ visits

        Police incident reports

Other adults

        Evidence of the character and behavior of any other person who resides in or frequents the home of a parent

        Embarrassing Facebook photos

        Match.com and other Internet dating listings

        Other parent’s new boyfriend’s or girlfriend’s arrest records, bankruptcies, and lawsuits

Family calendars

Homemaker

        Showing the stay-at-home parent’s involvement

        Children’s special needs

        Religious education

        Home schooling