You and your lawyer will make a list in advance of all of the documents that you have, and those which will be needed at trial. If your financial issues are unresolved, typical documents which are used at trial are:
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Your 5 most recent tax returns
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6 months to a year’s worth of payroll records or pay stubs from you and your spouse
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Any other income records, including independent contractor work, interest and dividends, commissions, bonuses, and earned by not-yet-paid commissions and bonuses
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Your and your spouse’s most recent bank statements, stock statements, and credit card statements
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Any bank, stock, or credit card statements which show a discrepancy or questionable item, such as an unauthorized withdrawal or charge
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Loan applications and financial statements prepared by you and/or your spouse
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Pension, IRA, and 401K statements
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Real estate records, especially house closing statements and appraisals
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Financial records for any businesses or partnership ventures you or your spouse own by yourselves or with partners
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Copies of any documents which show that money is owed by you, or to you, or your spouse
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Documents showing inheritances or trust income or assets which belong to you, or which will belong to you. Wills and trusts of persons not yet deceased are typically not pertinent. The court is only interested in money which you have, or which you have a legal right to but just haven’t received it yet.
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Life insurance statements showing life insurance polices, and any cash balances on same
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Records of any gifts you or your spouse have made (over $100 or so) in the last 5 years
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Records of the sale of any real property or personal property over $350
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A list of personal property which is in dispute
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Other documents which tend to prove the allegations you’re making in your case.
Provided you’ve followed the admissibility guidelines above, these documents are typically readily admissible as evidence. Because these documents are used in practically every case, it makes sense to share copies with the opposing side in advance (if you have not already done so through discovery, Chapter 5) to see if you can agree that the documents will be admitted and mark them as exhibits in advance of the trial. If there is an issue about the accuracy of the document, be prepared to prove that the contents are true. Click here for great information on the documents you will need to provide your divorce attorney.
Some of these same documents may be needed if your trial is focused on child custody issues, since living arrangements and financial issues (especially child support, and to a lesser extent alimony) may be tied to decisions about the child’s living conditions. For an article on child custody papers, click here.
Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: http://www.yourdivorceadvisor.com/.
For more information contact Peace Talks www.peace-talks.com
(C) 2008 Peace Talks Mediation Services, Inc.
Related posts:
- Documents
- What Counts as Evidence?
- Discovery: Releases & Interrogatories
- Hearsay
- Discovery: Depositions & Subpoenas
Tags: Discovery, Documents, Pretrial Prep, Testimony
