Written by Admin | Jan 14, 2020 6:00:00 AM
Divorce proceedings require each party to prepare several documents beforehand. Unsurprisingly, many people forget some of these important documents, which could significantly affect the proceedings. A document shouldn’t stand between you and the money, property, and other assets that are rightfully yours. Unfortunately, without these documents, you have no way to support your arguments. Continue reading to learn which documents you'll need as you prep for your divorce.Anybody going through a divorce has one overwhelming question: how do I get all of my money? To do so, you’ll need to gather several financial documents that show what belongs to you. Let’s dive in.If you’re unemployed or retired, these first couple of documents don’t apply to you. However, assuming that you’re working, you must have your recent pay stubs. You may need pay stubs from the previous year, or you may need stubs from the last quarter. Your attorney will help you determine the time frame that’s appropriate for you.It’s not uncommon for an attorney or the judge to ask for the details of your employment. If you’re self-employed or unemployed, these documents can be a little more challenging to find. If you operate your own business, you’ll need to show your salary, potential stock options, financial statements (more on that later), and more. However, if you’re a part of the majority and employed through another company, this step is rather simple. The details of your employment should clearly state your gross salary, stock options, and benefits.Many people run into a common issue: they have insurance through their spouse. If your spouse holds health insurance for both of you, let your attorney know that information early on. You’re possibly entitled to financial assistance to get your own insurance.Chances are you have investments of some sort, whether it’s a 401(k), IRA, mutual fund, or general stocks and bonds. Wherever you do your investing, you should have access to documents that show your original investment and your earnings. If you or your spouse work for a publicly traded company, some stock options may be available to you if you’re not already a stockholder. That said, if you know your spouse has stock options with their company, let your attorney know.In addition to all your income information, you’ll also need to prepare your past tax returns. Like your pay stubs, your attorney will help you decide which tax returns you need. In some cases, you might only need the previous year’s return; alternatively, you may need returns from the past three years. Chances are you’ll only need your tax returns from the past year or two, but some cases will require more.If you run your own business, or if you and your spouse are co-owners, you’ll need to show the financial health of your business. This means you’ll need to bring your income statements, balance sheets, statement of cash flows, and so on. Even if your spouse doesn’t work for the business, they may be entitled to some of the business’s assets—and vice versa.So far, you have all your documents that show your earnings. However, you also need to show what you owe. This can include things such as car payments, properties (more on that below), student loans, credit cards, and more. You don’t want your spouse’s debts to burden you, and they don’t want your debt, either. Luckily, the law is rather fair in this scenario. In Illinois, the division of debts depends heavily on two factors: first, who was most responsible for incurring the debt; and second, when the debt was taken on. If your spouse took on a car payment they couldn’t afford before the marriage, then they’re going to be mostly––if not entirely responsible—for the debt.You’re going to need plenty of documents that show ownership of property. This includes but is not limited to your mortgage, car payments, secondary dwellings, boats, and so on. The division of property assets can get messy, so you’ll have to work closely with an attorney to find out what you're actually entitled to. Don’t assume you’re entitled to all the pieces of property you share with your spouse.If you and your spouse have children who still depend on you, you’re going to need a few additional documents. Some of the items you must show include your children’s bank accounts, school information, and the costs of extracurricular activities such as sports and music or dance lessons. You’ll also need to bring basic documents such as birth certificates, passports, and so on.Once you get past all the macro-assets and debts, you want to begin looking at anything else you own that’s valuable. This could include musical instruments, artwork, furniture, jewelry, antiques, season tickets to sports games, and so on. A lot of people attach significant sentimental value to personal items such as these, but they may also count as financial assets.If you take the time to prepare before the divorce officially begins, you’ll have a much smoother experience. Plus, you’ll have a buffer to work with, since some documents can take anywhere from a few days to weeks to obtain if you don’t have them on hand. Of course, if you’re stuck or confused at any point in the process, you should reach out to your attorney. They’re working on your behalf, and they’re there to support you throughout the divorce. Additionally, you may need more or less of the documents mentioned, depending on the type of divorce you choose. For instance, collaborative divorces or mediation are simpler than going to court.At Schiller DuCanto & Fleck, we value integrity and giving our clients our best in every case. We hold ourselves to the highest standard and always work on improving our processes through training and education. Whether you’re looking for an attorney for a collaborative divorce, mediation, marital settlement and separation, or prenuptial or postnuptial agreement in Chicago, Schiller DuCanto & Fleck is ready to serve you. Contact us today for more information.