Divorcing? Here are the legal documents you need.

Divorce can be incredibly stressful. Whether you are ending a short-term marriage without children or separating after a 20-year marriage with three kids, many families don’t know where to start when it comes to the documents you will need to file for divorce.
Every State has different procedural rules when it comes to divorce. Some of the information in this blog post may not apply to your State or County, and you should visit your local County’s and State’s websites to find more information and determine the specific legal procedure.
Many divorcing families are surprised to learn that most Counties have family law self-help centers that help families learn about which legal forms are required to start the process. This can be a great place to start, but most of these offices can’t give you legal advice on how to fill out the forms.

Here are some non-state specific Agreements that you will need in your divorce:
Marital Agreement: This document outlines:

how you will divide the assets and debts in your marriage,

any spousal support payments,

any child custody terms such as legal and physical custody or visitation, and

any child support terms.

This document can be very important for future questions and should serve as a guide or plan for your family as you dissolve your marriage.

Child Custody Agreement: A child custody agreement outlines primary parenting responsibility for the children and how medical and educational decisions will be made. This Agreement can be written before you hire lawyers or go to Court and can include topics like:

specific schedules,

overnight care of children by a non-parent,

communication with children by phone, text, or email,

who is responsible for paying for transportation costs, school costs, and medical appointments,

conditions for travel outside of the state,

who will take the tax exemption and credit, and

how children will spend the holidays.

A good rule of thumb is the more conflict, the more specific the agreement should be.

Tax Returns: At some point in the divorce process, you will need your tax returns. It’s a good idea to have at least the last two years of tax returns, because the Court, your attorney, or your spouse will inevitably ask for a copy. If you don’t have them, you can get a transcript or copy of your tax returns from the IRS — you can find the instructions on their website ( https://www.irs.gov/uac/Newsroom/Request-a-Transcript-or-Copy-of-a-Prior-Year-Tax-Return ).

Other financial documents: Divorce is stressful — and the money issue is often the worst part. As hard as it may feel, it’s very important to have a good understanding of your finances before and during the divorce process. You will want to know, for example, whether you have life insurance and who is the beneficiary is, what retirement accounts you own, and what the balance on your mortgage is. You should also have a copy of your recent pay stubs and receipts for any major expenses related to your children. Having a clear picture of your finances, especially if there is a big gap between your finances and your soon to be ex’s can only help your case.

Last, while not a legal document, per se, I recommend that you get a new Calendar (online or paper). In the first few months of the divorce process, I believe it’s important to carve out some time for yourself on the calendar. The decision to dissolve your marriage inevitably creates many changes in your schedule, your children’s schedules, and your family’s time together. Even if finances are tight, you can schedule and reconnect with free activities you enjoy, like walking outside, gardening, hiking, and talking on the phone with friends.

You can contact me at Amanda@gordonfamilylaw.com for more information.