Filing for divorce is not an easy decision, and starting the process may seem even more difficult. How do you make sure that what you own or paid for stays yours? The paperwork alone can feel overwhelming. Do you really need this many documents? What if you miss something important?
Know that you are taking the right first step by getting organized. To help you start, below are the key documents you need to gather with your attorney.
Gather documents that establish your right to file and what you keep
Before filing in Bexar County, make sure you qualify to file for a divorce under Texas law. You need proof that you’ve lived in the state for six months and in the county for 90 days.
If you signed any prenuptial or postnuptial agreements, make sure to study the fine print with your legal counsel. Texas is one of the few states that follow community property rules, meaning that virtually all income, assets and debts acquired by either spouse during the marriage are legally considered joint property. However, a prenup or postnup may specify a different – and enforceable – arrangement for dividing assets, debts and spousal support.
It is also important to look for documents showing property you owned before marriage, as well as any gifts or inheritance you received. Under Texas law, these are generally not part of your marital property.
Collect financial records that show what you own and owe
During the divorce process, the court will need to see your and your ex-spouse’s full financial picture. Start compiling the following:
- Income and tax documents: This includes tax returns from the last three years, recent pay stubs, and monthly bills and expenses.
- Account statements: Collect bank statements from all accounts, such as checking, savings and investment accounts. You may also want to check your retirement account statements (401k, IRA or pension) and stock certificates.
- Debt and insurance records: This covers your credit card statements, mortgage statements and property tax bills, and life insurance and health insurance papers.
- Property documentation: For any non-financial assets, such as your house, cars or businesses, make sure to collect titles, loan statements or any ownership documents. It can also help to have a list of valuable items such as jewelry, art, electronics or any items stored in safety deposit boxes.
The court will review all of these documents before dividing your marital property between you and your ex-spouse. They may also use these documents to decide on child support or spousal maintenance (alimony).
You can take control of your future
Getting these documents together takes time, but it can be worth the effort. Think about what matters most to you. Is it custody arrangements, keeping the house or financial support? Having clear priorities can help you make better decisions. If you need advice, there are experienced attorneys ready to provide the guidance you need.