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WHAT CAN I DO TO PREPARE FOR MY DIVORCE? |
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What can I do to prepare for my divorce? |
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What type of documents should I gather in preparation for the divorce? |
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What are the important documents to collect? |
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My husband has his own business. What can I do about gathering documents from his business? |
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Where do I look for "hidden" records? |
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How much will I be advantaged by gathering financial documents before the divorce proceedings start? |
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| Q: |
What can I do to prepare for my divorce? |
| A: |
This question is often asked of me by a client who either is contemplating bringing a divorce, but not immediately, or by a client who suspects his/her spouse is likely to bring divorce proceedings in the near future. My answer varies with the circumstances of the client/marriage. |
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| Q: |
What type of documents should I gather in preparation for the divorce? |
| A: |
In many, if not in most, marriages the parties are not equally knowledgeable about the family’s finances. In some marriages one of the spouses knows virtually nothing about the family’s finances. The simple instruction I give to the less knowledgeable spouse is to gather any documents that have a dollar sign and numbers on them, that is, all financial documents. If these financial documents will be missed by your spouse, you should have them photocopied and replace the originals in their original place. The copies should be removed from your home and stored where your spouse will not find them, for example, at the home of a friend. Do not store the documents in the trunk of your car. |
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| Q: |
What are the important documents to collect? |
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(1) Income tax returns, and ideally this should be for the three most recent years. (2) Pension/retirement/401k plan data. If your spouse’s retirement plan is through an employer, the employer is required to annually report on the financial status of the plan. A pension plan is often as valuable an asset as the residence. (3) Credit card statements, and ideally for about the past twelve months. Credit card charges frequently will show the financial lifestyle of the couple and their financial lifestyle may come into play in the divorce. |
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| Q: |
My husband has his own business. What can I do about gathering documents from his business? |
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If you do not have access to the place of business and financial records there, there is nothing you can do about obtaining copies of financial records before the divorce proceedings start. |
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| Q: |
Where do I look for "hidden" records? |
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One of the frequent hiding places is the trunk of the car and another is a locked briefcase, but the key to the briefcase may be on his key ring. The computer has become a treasure trove of “secret” information, especially information about an affair. From what I have experienced in my practice, where there is an ongoing affair, there is likely to be evidence of it in e-mail communications. E-mail communications are, however, legally and technically tricky. Before spying on your spouse’s e-mail communications, you should consult with your lawyer to make sure you are not breaking any laws. If you cannot readily view and print the e-mails, it does not mean that they are not there. If you have a strong hunch they existed, you could hire a forensic computer technician. |
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| Q: |
How much will I be advantaged by gathering financial documents before the divorce proceedings start? |
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Some, but you should not be handicapped if you have been able to obtain no documents, or very few. The reason is that after the divorce proceedings are started you are entitled to “discovery” which includes (1) written interrogatories, which your spouse has to answer under oath. (2) Document production by which your spouse is required to produce documents for inspection and copying. (3) If necessary, because of your spouse’s lack of cooperation, or in order to verify the data your spouse has given, the original sources (for example, banks, brokerage accounts etc.) can be subpoenaed for original documents. (4) Depositions. A deposition is held in the office of your lawyer. Your spouse is required to attend and answer questions put to him by your lawyer after your spouse is placed under oath. The questions and answers are transcribed by a court reporter. |
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