Divorce Documents Checklist: What to Gather Before Filing
Before filing for divorce, gather proof of income, several years of tax returns, bank and retirement statements, property deeds and mortgage records, vehicle titles, debts, insurance policies and records of children's expenses. These documents are needed for financial disclosures, property division, child support and alimony. Make copies and store them somewhere your spouse cannot access.
Most divorce courts require both spouses to exchange financial information. Collecting it early saves time and legal fees and helps you see what is at stake.
Download the printable checklist (PDF): free, one or two pages, made to print and fill in by hand.
Personal records
- ☐ Marriage certificate
- ☐ Prenuptial or postnuptial agreement
- ☐ Birth certificates and Social Security cards for you and the children
- ☐ Any existing court orders or protective orders
Income
- ☐ Recent pay stubs for both spouses
- ☐ Federal and state tax returns, usually for the last 3 years
- ☐ W-2s, 1099s and business records if self-employed
- ☐ Records of bonuses, commissions and benefits
Assets
- ☐ Bank account statements
- ☐ Retirement and pension account statements
- ☐ Brokerage and investment statements
- ☐ Real estate deeds, mortgage statements and appraisals
- ☐ Vehicle titles and loan statements
- ☐ Valuable personal property: jewelry, art, collectibles
- ☐ Business ownership documents
Debts
- ☐ Credit card statements
- ☐ Personal, student and auto loans
- ☐ Medical debt
- ☐ Tax debts
Children
- ☐ School and medical records
- ☐ Childcare costs
- ☐ Health insurance information
- ☐ Records of activities and extracurricular costs
- ☐ A calendar of current parenting time
Tips
- Do not hide or move assets; courts can penalize it.
- Open a bank account in your own name if you do not have one.
- Taxes on alimony depend on when the divorce or separation agreement was signed; see IRS Topic 452.
Official resources
This checklist is general information, not legal advice, and it is not a legal form. Rules and deadlines vary by state; a licensed attorney can tell you what applies to your situation. Find a lawyer near you.
Sources
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This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.