A separation or divorce can be an overwhelming, stressful, and emotional time for you and your family. Likely, when beginning the divorce process, you may not know what you need to bring to the table to make the process easier for everyone involved.
You’re going to need quite a few documents during the divorce process, some that may be easy to access and some that may be more difficult to procure.
The following documents are essential to your divorce, so if you know you are facing separation from your spouse, it is a good idea to start gathering together what you can.
In addition to your personal information (name, date of birth, social security number, phone number, address, and proof of NC residency), you will need information about your employer (contact information, salary, income tax returns), information about your children, and similar information about your spouse.
- Proof of NC Residency for you and your spouse
- Child support and child custody arrangements
- Your child/children’s birth certificates
- Pre- and postnuptial agreements
- Your monthly budget
- Life insurance policy information
- Home and car insurance policies
You will need at least the past three full months and your most recent year-end statement for both you and your spouse. You will also need information like a year-to-date earnings record, bonuses, stock information, and other extraordinary income information for you and your spouse.
- Tax returns for the past three years
- Year-to-date earnings records
- Extraordinary income information (bonuses, stocks, etc.)
- Current bank statements for checking accounts and savings accounts
- Student loans statements
- Credit card statements
Each spouse is required to disclose all assets in order for there to be a reasonable and fair settlement. Gather these details regarding your assets.
- Information on automobiles – year, make, model, style, mileage, value, and payoff if subject to a loan.
- Three months of statements for IRAs, CDs, investment accounts, stock and other retirement accounts.
Real Estate Information
You will need to provide information about your current home (a copy of the current grant deed, escrow, and refinancing information, if applicable, cost of the house – including improvements and mortgages or lines of credit on the house). Additionally, if you own any vacation or rental property, you will need to provide that information to your lawyer as well.
- Current home deed
- Refinancing information or escrow information
- The current value of the home
- Mortgage or line of credit information
- Information about other properties
Personal Property Information
If you own valuable property – jewelry, art, antiques, or other collectibles – you will need to provide ownership records and descriptions of these items. In addition, if there are vehicles or boats in your possession, you will need to provide the title and registration for these items, too.
- Records and descriptions of valuable property
- Tax assessor’s statement
- Titles and registrations of vehicles
Estate Planning Information
Any estate planning information (including wills, trusts, powers of attorney, and healthcare directives) that you have are all vital documents to have prepared for your attorney.
- Your will or living will
- Powers of attorney
- Healthcare directives
Company and Business Information
Should you or your spouse own your own business, you will need tax records, earnings statements, and partnership agreements for the company. If you run a corporation, you will need to provide the formation documents, plus stock records.
- Business tax records
- Earnings statements
- Partnership agreements
- Corporation formation and membership documents
Organization Is Key
There is a lot of information listed on this checklist, and it is not comprehensive, so staying organized during your divorce is key to a quicker process.
Sometimes, however, your spouse may refuse to provide the information you need. In this case, your attorney will know what and how to subpoena the documents. You are entitled by law to access to all pertinent records from your spouse during your divorce.
Contact The Attorneys At Weaver, Bennett, & Bland
Our team of attorneys is both knowledgeable and experienced in helping you through your separation and divorce. We know what documents you will need and how to access them if your spouse is being difficult. We can help make the process as stress-free as possible, but that can only happen if you do your homework beforehand. Let us know if you are considering separation and divorce in North Carolina, and we will walk you through the process.