Documents Needed for Divorce
There are financial aspects to every dissolution of marriage and most modification and custody cases. Florida law requires that specific financial documents and information be provided to the other side in such cases. Further, it is necessary to the success of your case that your attorney has a complete and accurate financial picture of your situation. The following is a list The McCall Moody Law Firm provides to our clients in dissolution of marriage cases to assist them in knowing the type of documents that will be needed to properly handle their family law matter. The list is very inclusive and while not all of these will apply in all cases, it also serves as a checklist so nothing that is relevant is overlooked.
DOCUMENTS REQUIRED DURING DISSOLUTION OF MARRIAGE PROCEEDINGS
Please read this list thoroughly and start gathering as many of these documents as you can, since many of them may be required from you in the immediate future and it may take some time to obtain them.
A complete picture of the assets and incomes of both spouses is absolutely necessary. By providing us with the information and documents requested below, you will save time and money and you will assist us in the preparation of pleadings and documents required in your case. In addition, possession of these documents will help in preventing your spouse from dissipating or secreting any assets.
PLEASE MAKE A LIST OF THE DOCUMENTS THAT YOU ARE COMPLETELY UNABLE TO OBTAIN AND MAIL IT TO US AS SOON AS POSSIBLE. WE WILL ATTEMPT TO ASSIST YOU IN OBTAINING THEM.
The following documents should be gathered by you and be available for inspection and copying upon request:
1. Financial Affidavit. This affidavit is required by Rule 1.611(a) of the Florida Rules of Civil Procedure. Instructions and suggested guidelines were previously provided.
2. Estimated Taxes. Income records, including estimated tax returns, W-2, 1099 and K-1 Forms, payroll stubs and all other evidence of income since the filing of your last tax return.
3. Income Tax Returns. Personal, corporate, partnerships, joint ventures, or other income tax returns, state, and federal including W-2, 1099 and K-1 Forms, in your possession or control from the inception of marriage.
4. Personal Property Tax Returns filed in Florida or anywhere else from the inception of marriage.
5. Banking Information. All monthly bank statements, pass-books, check stubs or registers, deposit slips, cancelled checks and bank charge notices on personal business accounts, certificates of deposit, money management and retirement accounts in your possession or control from banks, savings and loan institutions, credit unions, or other institutions, which have been or are maintained at any time for or by you, individually, jointly, or as a trustee or guardian, and in which you sign or have had any legal or equitable interest.
6. Financial Statements submitted to banks, lending institutions, or any other persons or entities, which were prepared by or on your behalf at any time during the last five years.
7. Loan Applications and statements of loan accounts for all loans applied for, whether approved or not, for the period of the last five years.
8. 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.
9. Stocks, Bonds, and Mutual Funds. Any certificates held individually, jointly, or as a trustee or guardian, including any stock brokerage accounts maintained and statements during the marriage.
10. Stock Options. All records pertaining to stock options held in any corporation or other entity, exercised or not exercised.
11. Pension, Profit Sharing, Deferred Compensation Agreement and Retirement Plans or any other kind of plan owned by you or by any corporation, in which you are or have been a participant during the marriage.
12. 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 five years, including inter vivos trusts. All records of declaration of trust and minute books from all trusts to which you are a party, including the certificates, if any, indicating such interest and copies of all statements, receipts, disbursements, investments, and other transactions.
13. Life Insurance or certificate of life insurance currently in existence, insuring your life or the life of any other person, in which you are named as either primary or contingent beneficiary, including any disability insurance currently in existence.
14. 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 for the last three years.
15. Outstanding Debts. Documents reflecting all debts owed to you or by you, secured or unsecured, including personal loans and lawsuits now pending or previously filed in and Court, showing the name of the debtor and/or creditor, the date each debt was incurred, the total amount and the unpaid balance.
16. Accounts Payable and Receivable ledgers in your possession and control that are either personally or business related, together with all accounts and journals.
17. Cash Receipt Books; calendar of events; retainer with attorneys; evidence of budgets; cash projections and other financial documents in your possession. This applies to all such items in existence during the term of the marriage.
18. Real Property. All deeds, closing statements, tax bills, appraisals, mortgages, security agreements, leases, and any other evidence (including monthly payments and present principal and interest balances) evidencing any type of interest or ownership , whether as owner, co-owner, fiduciary, trust beneficiary (vested or contingent), partner, limited partner, shareholder, joint venture, mortgagee, developer, manager, or otherwise, made by you or on your behalf, toward the acquisition of such real estate during the marriage or thereafter.
19. Sale and Option Agreements on any real estate owned by you either individually, through another person or entity, jointly, or as a trustee or guardian.
20. Personal Property, such as 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 marriage, together with the amount of their respective liens.
21. Firearms registrations issued or pending receipt of governmental registration documents, owned, possessed or controlled by you during the last five years.
22. Motor Vehicles. Purchase orders, contracts, financing agreements, invoices, appraisals, lease agreements, registrations, and payment books and titles to all motor vehicles owned by you, individually or jointly, at any time during the last 5 years, including airplanes, boats, automobiles, or any other type of motor vehicle.
23. Corporate Interests. All records indicating any kind of personal interest in any corporation (foreign or domestic) or any other entities not evidenced by certificates or other instrument.
24. Partnership and Joint Venture Agreements to which you have been party to during the marriage.
25. Employment Records, during the term of marriage, showing evidence of wages, salaries, bonuses, commissions, raises, promotions, expense accounts and other benefits or deductions of any kind which were, are, or may be paid, available, credited or withheld for any purpose by an individual or entity to which you were, are or may become entitled to in the future.