DOCUMENTATION YOUR ATTORNEY WILL NEED FROM YOU

by Patricia L. McKinnon, Esq.

DISCLAIMER: The answers below are the opinion of Patricia L. McKinnon, Esq., and should not be considered as “legal advice”. Each person’s legal case is unique, with its own set of facts and applicable law. You should consult an attorney of your own choosing before acting on any of the information below.

Your attorney will need a copy of the following documentation from you in order to complete your family law case. It is very helpful to gather such documentation together before your initial consultation or interview. You do NOT need original documentation, but only a copy of the following:

• A Written History of Your Marriage. Provide a written history of your marriage in your own words. Include when you met your spouse, and how, and the events in your marriage that you believe have led up to the present situation. Include a list of any property you or your spouse owned prior to the marriage, including real estate, cars, furniture and the like. If you, or your spouse, have been unemployed during your marriage, list the dates and the reasons for this unemployment.
• A Completed Financial Declaration. You will need to provide the Court with a signed Financial Declaration. Your attorney will provide a copy of this form for you to complete in PENCIL. Your attorney will need time to type up your document before your first hearing, so it is important you try to complete this document quickly. As part of completing the Financial Declaration, you will need to list your monthly expenses, such as gas, mortgage, car payment, etc. Some expenses you will need to average, such as your babysitting expenses, laundry, etc.
• Paystubs. Your paystubs, including your last three (3) stubs. A copy of the last three (3) paystubs for your spouse if this is a divorce or legal separation action. 
• Tax Returns. Your State AND Federal tax returns for the past five (5) years, whether joint or individual. Include any and all attachments to the returns, such as W-2s, 1099 and the like. If your spouse files individually, then provide a copy of his or her individual returns as well.
• Checking/Savings Accounts. Your checking AND savings account records for the past year for any account in which you were a signatory, including joint accounts. If the Children have accounts, or your spouse has accounts in his or her own name, then you need to obtain copies of those statements as well.
• Real Estate. The Deed for your home, and the Mortgage. If you do not have these documents, the holder of your loan will be able to provide a copy for you. Your attorney will also need a copy of your last paid tax bill for each parcel of real estate you own.
• Appraisals. If your home has been appraised within the last three (3) years, in connection with a loan, insurance, or possible sale, please provide a copy of the appraisal or the name, address and phone number of the person who has made the appraisal.
• Mortgage. Provide the current and previous year end statements regarding the mortgage balance owed on any real estate you, or your spouse, has an interest in.
• Credit Card Statements. A copy of any and all credit card statements for the last month, including all accounts that list your name, and even accounts that are in your spouse’s name only.
• Net Worth Statements. A Net Worth statement if you or your spouse has been required to file a financial or net work statement in the last five (5) years in connection with obtaining a loan or line of credit. If you do not have a copy of this in your possession, contact the financial institution that you submitted the statement to and obtain a copy.
• Retirement Plans. If you, or your spouse, is a participant in any profit sharing, pension, Keogh, annuity, retirement or 401(k) plan, then you need to provide a copy of the statements, including you or your spouse’s current interest in the plan and the monetary value of the plan for the past year. We will need to obtain a “summary plan description” for the plan. You can obtain this on your own, or ask your attorney’s office to obtain this for you.
• Retirement Accounts. If you, or your spouse, owns an IRA, provide a copy of a current statement showing the name of the financial institution, the account number, the beneficiary, and the current balance.
• Life Insurance. Provide a copy of the face sheet of any life insurance policies you own, or your spouse owns. Your attorney will need the name of the company, the policy type (term, whole life, etc.), the face amount of the policy, the owner’s name, the beneficiary’s name, the annual premium and the terms and conditions of the policy. If there are any liens on the policy, please provide that information as well.
• Health Insurance. Provide a copy of your current medical insurance card, including the front and back of the card. The Human Resources Department of your employer can provide an additional one-page document that lists the costs of your health insurance such as “Single - $40.00; Married - $80.00”. Your attorney will need that Description of Benefits page in order to calculate the child(ren)’s cost of health insurance including medical, dental, optical, etc.
• Securities. If you or your spouse own bonds, stocks, or other such assets, your attorney will need a list of such items, the date of purchase, the purchase price and the current owner of such items. The information can be obtained from the agency that sold you the items. If you received a year end statement or recent statement regarding the value of such items, please provide a copy of those statements as well.
• Estate or Trust Interests. Provide a copy of the Will, Inventory, Final Accounting, Trust Agreement, and Judgment regarding any interest you, or your spouse, have in an Estate or Trust, including your future interest in such an Estate or Trust. If the Estate or Trust has filed tax returns in the past five (5) years, then your attorney needs a copy of those documents as well.
• Business Interests. If you, or your spouse, own a business, or have any interest in a business, then you need to provide a copy of the business’ tax returns for the past three (3) years, and the schedules attached to such returns. In addition, provide a copy of any profit and loss statements for the last three (3) years. If you cannot obtain these documents from the business, then let your attorney know.
• Previous Marriage. If you, or your spouse, have been married before, then you need to provide a copy of the Decree of Dissolution and Settlement Agreement entered in that case.
• Written Agreements. If you or your spouse have prepared a Written Agreement regarding support, property, or other matters, please provide your attorney with a copy. Please do NOT enter such an agreement once you have an attorney to represent you.
• Burial Plots/Safe Deposit Boxes. If you, or your spouse, own a burial plot, provide a copy of the deed for the plot and the cost of purchasing such a plot. If you or your spouse has a safe deposit box, please provide your attorney with the location, box number, and a list of the contents.
• Copies of Any Written Notes, Letters, or Emails from Your Spouse. If you have received any such notes, letters or emails that you feel your attorney should review, please provide a copy to your attorney.
• Anything Else You Think Is Important. If there is any other paperwork or written documentation that you want your attorney to review, please provide a copy.

KEEP IN MIND THAT ANY MAJOR DELAY IN PROVIDING THE ABOVE DOCUMENTATION MAY DELAY COMPLETION OF YOUR CASE.

IF YOU CANNOT OBTAIN ANY OF THE ABOVE DOCUMENTATION, LET YOUR ATTORNEY KNOW SO YOU CAN DISCUSS WHETHER OR NOT YOUR ATTORNEY SHOULD OBTAIN THE DOCUMENTATION ON YOUR BEHALF.