Article

What Information Do You Need to Provide on a Divorce Application?

Topic: DivorcePublished July 3, 2011

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When you are preparing to file for divorce, you must be prepared to provide a substantial amount of information on the divorce application. This information allows the lawyer to prepare his case and know what kind of case to present not only to your spouse's lawyer but also to the court. No matter what kind of agreement you previously made with your spouse the court has the final say unless you have something in writing. Even then the court can override your written agreement if it does not feel the terms of your agreement provide adequately for each party to the divorce. rnIt will also be necessary to have all your financial records available when you fill out the divorce application. It is essential to provide your lawyer when everything you have available for both assets and liabilities including: • Name, address, phone number and Social Security Number of you and your spousern• Pay stubsrn• Tax returnsrn• Bank statementsrn• Savings books or statementsrn• Statements related to CDs, Money Market Accounts, stocks, bonds, mutual funds, retirement funds and 401K Plansrn• Receipts for any marital property you personally purchasedrn• Inventory of any property you brought into the marriage (separate ownership) • Record of all debtsrn• Title and deeds to all property jointly and individually ownedrn• Records relating to any cash or property you inherited before or during the course of the marriage—these items remain part of your individual property even in community property states. • Insurance policies (both life and health) • Birth certificates or adoption certificates for the childrenrnYour individual lawyer may require other information along with your divorce application, but the above list provides you with a checklist so you can begin gathering information. Your goal is to have everything your lawyer needs to prepare the divorce petition when you meet the first time. This not only saves you time but also money because lawyers charge by the hour. The more time the lawyer spends on the preliminary fact finding phase, the more money it will cost for the divorce itself. rnIf you are unsure if your lawyer needs a specific item you have two choices: call the office and ask or bring it with you in case it is necessary. The key is to have as much information as possible during the first meeting so you don't have to meet with the lawyer again prior to the filing of your petition. Of course, he or she will contact your spouse's lawyer, and you will need to sign the actual divorce complaint, but if you do your homework properly, there will not need to be a meeting in between there. Keep your phone calls to a minimum as well; many lawyers also charge for telephone conversations as well as in person meetings. Failing to have everything you need can increase the cost of your divorce in both money and time. Don't rush through anything but go through it thoroughly in order to ascertain it is complete.

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