Getting Familiar With Divorce Documentation

9 January 2019
 Categories: , Blog

Those divorcing can encounter what amounts to a series of events instead of a single act. The more complicated your family structure, your financial situation, and your relationship, the more events and documentation will be generated. Read on to find out about some common divorce documents so that you can be ready and prepared when the time comes.

Separation Agreement

Not all states make this document mandatory, but having a legal separation agreement makes good financial sense. This document can be prepared with the assistance of your divorce law attorney and places several provisions in place to cover issues like child custody, spousal support, debt, and property. The orders issued by the judge during the separation period are temporary in nature and expire with the final divorce decree. Since some divorces can take some time to be resolved, ensuring that these issues are settled is vital.

Parenting Plan

What used to be known as a custody and visitation plan is now often referred to as a parenting plan. In the best case scenario, you and your spouse are able to come to an agreement over how to share parenting duties. Custody might be classified as physical and legal. One parent often has physical custody of the child while the other parent shares legal custody of the child with the custodial parent. The non-custodial parent uses a visitation agreement that stipulates time spent with the child.

Various Financial Documents

While child custody issues can be contentious and a priority should be placed on the best interest of the child, divorce is primarily a legal parting of financial interests. You will be both presenting documents of your own and requesting documents from your spouse. You and your spouse must divide your debts and your marital property, and information is needed to accomplish this act. Financial disclosures should be voluntary, but orders can be drafted that require you or your spouse to come forward with the below information.

1. Credit card, auto loan, and personal loan information. All debts that you and your spouse have, whether single or jointly, should be disclosed. You will need the creditor's name and address, the account numbers, the loan balance, the name or names on the account, etc.

2. Mortgage information.

3. Tax returns for the last two or so years.

4. Real estate deeds and vehicle titles.

5. Insurance information (life health, etc).

6. Trusts, wills, and other estate documents.

Talk to your divorce attorney to learn more.