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By Paul P. Cheng, Esq.
Our offices have several divisions.
A frequent question that comes up in our family law department is what documents are needed when one is getting a divorce. One of the main reasons why divorces are expensive is due to the inability of documents needed by parties.
It is unfortunate that attorneys do not provide their clients a list of needed documents before their divorce commences or at the initial start of the attorney client relationship.
Therefore, we have decided to provide for you documents needed by anyone that is seeking a divorce, has been served with a summons for divorce, or is in the middle of the proceedings and wondering why fees are skyrocketing out of control.
These documents are needed by any family law attorney that has a minimal amount of integrity. Without these documents, it is very difficult for an attorney to properly represent you.
Look, every attorney will need these documents sooner or later. It can cost you to have your attorney get them for you or you can be smart and get it yourself. It doesn’t cost anything when you do the work.
We hope this helps you and saves you a great deal of money. Good luck!
Paul Cheng, Esq.
Litigation Manager - Pasadena Office
301 N. Lake Ave.
Suite 800
Pasadena, CA 91101
(626) 356-8880
1) Photograph: Current photograph of your spouse. Many attorneys accidentally divulge attorney client relationship (i.e. discussion of case in elevator before hearing, on cell phone, etc.) because they do not know or remember what your spouse looks like. I see this all the time.
2)Wage/Salary Information: You and your spouse’s pay stubs or other wage and salary information for the current calendar year to date.
3)Employment Benefits: Statements from your employer and your spouse’s employer regarding all retirement, survivor, insurance, leave, and any other benefits provided to you or your spouse.
4)Income and Expense Worksheet: Income and expense worksheet completed in full
5)Income Tax Returns: Copies of income tax returns, including all attachments and amendments, both state and federal, quarterly estimates, 1099 forms and K-i forms for the last 3 years.
6)Real Property: All deeds.
7)Checking Accounts: A blank checking account deposit slip for each checking account, checking account statements, and canceled checks for the last 12 months for each checking account in your name or your spouse’s name individually, jointly or as trustee or guardian in which you or your spouse sign or have any legal or equitable interest.
8)Savings Accounts: Savings passbooks, savings certificates, money market fund statements, credit union statements, etc., held by you and/or your spouse individually, jointly or as trustee or guardian, and in which you or your spouse sign or have any legal or equitable interest.
9)Credit Cards: Credit card statements showing credit card account number, owners, balances and unused borrowing capacity from date of separation to the current date for each credit card held by you and/or your spouse, controlled or authorized for personal or business use.
10)Outstanding Debts: A list of the outstanding debts owed to or by you, your spouse, and you and your spouse, secured or unsecured, together with copies of statements for each such bill as of the date of separation and as of the date of your complying with this request, not otherwise provided in Request No. 9 “Credit Cards,” including, but not limited to, bank loans, car loans, life insurance loans, personal loans, and any other debt that is not a monthly living expense.
11)Misappropriated Assets: Documents indicating possible misuses of community property.
12)Broker’s Statements: All statements of account from securities and commodities dealers and mutual funds maintained and received by you during the marriage and held individually, jointly or as a trustee or guardian for the last 3 years.
13)Stocks, Bonds and Mutual Funds: Certificates or other documents indicating the name and current number of shares of stocks; bonds or other securities held, the dates and prices of purchase and how title to these assets are held (individually, jointly or as a trustee or guardian), not held in brokerage accounts which are covered in “Broker’s Statements” above.
14)Stock Options: All records pertaining to stock options held in any corporation or other entity, exercised or not exercised.
15)Life Insurance: Each life insurance policy (particularly face sheets) with amount of premiums for each, cash surrender value statements, and loans against each policy insuring your life or that of any other person in which you are named as either primary or contingent beneficiary, including any disability insurance currently in existence.
16)General Insurance: Insurance policies, including, but not limited to, annuities, health, accident, casualty, motor vehicles of any kind, property liability~ including contents insurance in which you are or have been the named insured within the last 3 years.
17)Safe Deposit Box(es): Prepare an inventory of the contents and the location and numbers of the box(es). The location of the keys to the box.
18)Business Interests: Documents relating to businesses engaged in by either spouse, including partnership agreements, corporate documents, tax returns, financial statements, bank statements, accounts payable and receivable, and the like.
19)Retirement Benefits (Deferred Compensation): Copy of any pension, retirement or profit sharing program, annuities, or investment program, you or your spouse may be involved in through present, past employment, including any brochures describing the benefits, the most recent statement from the plan or from the employer, the name, address, and plan number, and the plan administrator.
20)Motor Vehicles: Purchase orders, contracts, financing agreements, invoices, appraisals, lease agreements, registrations (pink slips), payments books and titles to all motor vehicles owned by you, individually or jointly with any other person, at any time during the last 5 years.
21)Financial Statements: Copy of financial statements or statements of net worth prepared by you or on your behalf or your Spouse’ at any time during the last 3 years.
22)Loan Applications: Loan applications and statements of loan accounts for all loans applied for, whether approved or not, for the period of the last 3 years.
23)Receivables: A copy of any promissory notes, including statements showing balances due you or your spouse, and if secured, a copy of the deed of trust or other security; a list of any other debts owed to you or your spouse with all documentation available.
24)Memberships: Membership cards or documents identifying participation rights in any country clubs, key clubs, private clubs, associations, or fraternal group organizations during the last year of the marriage, together with all monthly statements.
25)Household Furniture and Furnishings: An inventory of the household furniture and furnishings, appliances, jewelry, art works and the like belonging to you and/or your spouse as set forth in our Memorandum of Furniture, Furnishings and Appliances. Additionally, please provide documents, invoices, contracts, and appraisals on all personal property, including furniture, fixtures, furnishings, equipment, antiques and any type of collections, owned by you individually, jointly, as trustee or guardian or through any other person or entity during the term of the marriage, together with the amount of their respective liens.
26)Net Worth: Any other information that will help establish your net worth, your spouse’s net worth, and your joint net worth.
27)Court Documents: Copy of Court legal documents, including Judgments and pleadings in which you have been a party as Plaintiff or Defendant during the term of the marriage, including, but not limited to, personal injury. All Court documents in this family law matter and any prior family law action in which you or your spouse have been involved.
28)Wills and Trust Agreements: Wills and trust agreements executed by you or in which you have a present or contingent interest or in which you are named a beneficiary, trustee, executor or guardian and from which benefits have been received, are being received, or will be received and which are or were in existence during the past 5 years, including intervivos trusts.
29)Written Agreements: A copy of any written agreements with your spouse, including, but not limited to, any property division, any pre- or post-marital contracts or deeds between you and your spouse whether now in force or revoked, and any other agreements with any third party (including current statements).
30)Appraisals: A copy of any appraisals of any real or personal property.
31)Separate Property: Make a list of all of your separate property (property acquired by you prior to marriage, that you have inherited or have been gifted while you were married, or obtained since separation). Next to each item, state when you got it, from whom or from what funds, what you think it would sell for. Provide any documents that back up the date of purchase and value, and your claim that it is your separate property. If it is property you inherited, or if the property was purchased with other separate property, get all documents showing the purchase, the transfer, the original separate property, or the inheritance documents.
32)Health Issues: Records of opinions, diagnosis, bills and other substantiation of health problems (including medical, dental, orthodontic, and psychological), creating partial or total disability or special need for financial support or insurance for either you or your spouse or any child of either of you.
33)Other Documents: Other documents and records you feel may be helpful to our legal staff in preparing your case.
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