Documents Needed for a Divorce

When two people enter a marriage, they usually make a commitment for better or worse.  However, sometimes the worse can be overwhelming and it is in the best interest of everyone to dissolve the marriage.  In Texas, under the Rules of Family Law Procedure, each party is required to disclose certain documents. Depending on the issues involved, this list can be fairly exhaustive.  One of the most frustrating parts of a divorce for participants, whether you are representing yourself or you have a lawyer, is the volume of documents that must be exchanged.

If you are considering filing for divorce, or a divorce petition has been filed, the following checklist of relevant documents should be gathered as soon as possible. The documents identified are required in order to give each party an understanding of all the facts, data, and information needed to fairly divide the assets. The information is also used by your attorney or the judge to help determine the amount of spousal maintenance and child support.

1.       A completed Affidavit of Financial Information on the form provided by the Court, or your counsel.

2.       Proof of a party’s income from all sources (tax returns, W-2’s, 1099 forms, and K-1 forms) for the past 3 years and year-end information for the most recent calendar year, as well as information for the current calendar year including year-to-date pay from all sources.

3.       Proof of medical, dental and vision insurance premiums paid by the party for any child listed or referenced in the petition.

4.       Proof of payment of any expenses for private school or special schools for any minor children.

5.       Proof of payment of any expenses paid for the special needs of a gifted child or a child with a disability.

6.       If parenting time is an issue, then the name and address of each treatment provider of any party for psychiatric or psychological issues, information regarding any orders of protection, and information on any CPS investigations.

7.       Copies of all deeds, deeds of trust, and purchase agreements involving real property.

8.       Copies of all monthly bank statements, brokerage accounts, and retirement accounts for the past 6 months.

9.       Copies of all life insurance policies and premiums paid.

10.   Copies of all documents, including those electronically stored, that indicate the value of any real or personal property.

11.   Copies of all business tax returns, balance sheets, and profit and loss statements for the past 5 calendar years.

12.   Copies of all trusts in which a party has a beneficial interest.

13.   A list of items of personal property, including household furniture, furnishings, antiques, artwork, vehicles, jewelry, and your estimate of fair market value.

14.   Copies of all documents showing any debt currently owed including mortgages, notes, liens, encumbrances, and all statements for the past year.

15.   Copies of all credit card statements for the past year.

While the list appears exhausted, the documents identified are only the minimum documents required to be exchanged between the parties. Other documents and information may be sought by either party by engaging in other discovery methods such as taking testimony during a deposition, or sending out written requests for specific information. However, timely gathering the information above will provide a good start on getting the documents needed in a divorce.

Having an attorney with the resources and knowledge to give you the best representation is vital to your interest and the interest of your family.  You also want to make sure they will exhaust all avenues and be willing to research, pursue and implement strategies to provide the best possible outcome.

Rob McAngus, Partner with Verner Brumley Parker, P.C., is Board Certified in family Law and his practice is devoted primarily to family law, including high conflict divorce, custody cases, and complex property issues. In addition to being selected on the Board of Directors for the Family Law Section of the Dallas Bar Association; he values your priorities as a parent and works with you to achieve the goals that will help transition your family to a new normal.  As both an adopted child and a member of a blended family, Rob can provide a unique perspective in the practice of family law.

Rob has been recognized in Super Lawyers as a Rising Star in 2016 through 2020, and recently The National Advocates recognized Rob as one of the Top 40 Under 40.  He can be reached by calling 214.526.5234 or email at rmcangus@vernerbrumley.com.  Mr. McAngus received his bachelor’s degree cum laude and master’s degree from Baylor University and graduated cum laude from the Dedman School of Law at Southern Methodist University.