DivvyLaw Knowledge Center

01Personal identification

• Driver’s license
• Passport
• Social Security card

02Marriage documentation

• Marriage certificate
• Prenuptial or postnuptial agreements
• The date you married or registered, and the date you separated

03Financial documents

This is what the Income and Expense Declaration (FL-150) and your tax disclosure are built from.

• Pay stubs and employment records. FL-150 asks for the last two months, and tells you to black out Social Security numbers.
• Recent tax returns. Keep three to five years for your own reference, but note that FL-140 requires every return you filed in the two years before the day you serve your disclosures.
• Documentation of bonuses, tips and employment perks
• If you are self-employed: a profit and loss statement for the last two years, or the Schedule C from your last federal tax return
• Bank statements — checking, savings, CDs
• Investment account statements — stocks, bonds, mutual funds
• Retirement account statements — 401(k), IRA, pension plans
• Your spouse’s W-2s or other paycheck information
• Health savings account statements (HSAs and FSAs)
• Child care savings account statements
• Credit card statements
• Credit reports
• Loan documents — mortgage, home equity, auto, personal, student loans
• Property tax statements
• Utility bills
• Cell phone and internet bills
• Rent or mortgage payment costs
• Documentation of extraordinary medical expenses
• Documentation of any other income — rental income, dividends, interest, trust income, royalties
• Benefits you receive — public assistance, unemployment, disability, workers’ compensation, Social Security, military allowances
• Spousal or partner support you receive from anyone, including a prior relationship
• Your monthly budget for living expenses going forward

04Property and asset documentation

The Schedule of Assets and Debts (FL-142) names the document it wants beside most of these lines.

• Deeds for any real estate, with the legal description, plus the latest lender’s statement for each property
• The cost basis of your home
• Appraisals for any real estate
• Vehicle registrations and titles — the form asks for the title document
• Inventory of safe deposit boxes
• List of valuable items — collectibles, art, antiques, jewelry — with appraisals or estimated value
• List of household items and estimated value
• List of memberships, subscriptions, frequent flyer miles, loyalty programs, ebook and video libraries
• List of intellectual property such as copyrights
• Statements for stocks, bonds, securities and mutual funds — the certificate or the latest statement
• Latest summary plan document and latest benefit statement for each retirement plan or pension
• Latest statement for profit-sharing plans, annuities and IRAs
• A copy of each unsecured note or account receivable owed to you
• Cash on hand, and any tax refund owed to you
• Accounts you may have forgotten — an old 401(k) from a former employer, a dormant savings account, a small brokerage balance
• Anything held jointly with someone other than your spouse

05Inheritance-related documents

Property acquired by gift or inheritance is treated differently from property acquired during the marriage, so keep whatever shows when and how you received it.

• Trust documents
• Wills and probate records
• Records showing anything you owned before the marriage
• Records showing anything you received by gift or inheritance, and when

06Insurance policies

• Health, dental and vision insurance
• Life insurance — FL-142 asks for the declaration page of each policy
• Annuity statements
• Auto insurance
• Insurance for vehicles like boats and ATVs
• Homeowner’s or renter’s insurance

07Business documents

• Business tax returns
• Business registrations
• Financial statements or profit and loss (P&L) statements
• The most current K-1 and Schedule C for each partnership or business interest
• Receipts and expense records
• Payroll information
• Patents and trademarks
• Bank statements
• Loan documents
• Any investment, business or income-producing opportunity that has come to you since the date of separation. FL-140 asks for this in writing.

08Child-related documents

If applicable.

• Birth certificates of children
• Medical records if there are special needs or extraordinary expenses
• Medical expense records
• Tuition
• School records if there are special needs
• Child care expense records
• Child activity expenses — sports, music, dance, tutoring, clubs
• Children’s bank accounts or college savings plan statements

09Legal documents from previous actions

• Any previous legal separation for this marriage
• Prior child custody or child support orders for this marriage
• Any restraining orders or orders of protection for this marriage
• Child support orders from other relationships
• Support arrearages — copies of the orders and the statements

10Miscellaneous

California is a no-fault state, so conduct generally does not decide whether a divorce is granted. Records of spending still matter where money left the community.

• Any other contracts or agreements between you and your spouse
• Documentation of large or unusual transfers, withdrawals, or spending — including gambling losses — that may have reduced community property
• Any documentation you believe may be relevant to marital issues