What Documents and Evidence Do I Need to Start a Divorce?

California is a no-fault, full-disclosure State that requires litigants to share without reservation all assets and debts during a divorce.

In California, initiating a divorce requires specific documents and adherence to financial disclosure rules. The petitioner must serve preliminary and final declarations of disclosure, including income and expense declarations, to the other party. These disclosures must be executed under penalty of perjury and include detailed information about assets, liabilities, earnings, and expenses.

The Court imposes deadlines on disclosing financing information.
Each party must serve a preliminary declaration of disclosure, including a completed income and expense declaration, either concurrently with the petition or within 60 days of filing. Compliance with financial disclosure rules is crucial and detailed disclosures save you money when you settle your case or when your case goes to trial.

Schedule of Assets and Debts, FL-142.
Form FL-142, the Schedule of Assets and Debts must be completed with enough detail to identify all assets and liabilities, the declarant's ownership percentage, and the classification of each asset or liability. The final disclosure statement must also include significant information regarding the classification, valuation, and amounts of all assets and liabilities, along with each party's earnings, accumulations, and expenses.

Here is a list of documents you will need to provide your attorney.

You likely will not have all the documents, but here is a list of documents that are helpful to you when you file for divorce:

Real Estate
Deed, mortgage statement, property tax information, refinance information, current home valuation (if available), list of utilities, HELOCs, solar loans, and debts associated with the home.

Jewelry, Antiques, Art, Coin and Gun Collections
Purchase price and actual resale value of precious items.

Vehicles, Boats, and Trailers
Title, loan statements, and current values, including the trade in value and the resale value.  Lease information if you lease your vehicle.

Banking
Banking, savings, and money market account statements as of the date of separation.  Try to have at least six months’ worth of statements prior to the date of separation.  **If you put separate funds into a community asset, statements evidencing your contribution to the community asset.

Taxes
Two years prior tax returns, with W2s if possible.  If any taxes are owed, statements from the IRS.  

Life Insurance
Life insurance policies, premium payments, and cash surrender values.

Stock, Bonds, Secured Notes, Mutual Funds and Cryptocurrency
Date of separation statement or information and most current statement and information.

Retirement and Pensions
The latest statement and information about any premarital retirement savings

Businesses
If you own a business or are a partner in a business, K-1s, Schedule C’s, Articles of Incorporation, partnership agreements, business credit card statements, and any business valuation.

This is a partial list of documents and information you will need to start and finish your divorce.  You may not have all the information and documents required to prepare your financial disclosures.  A competent attorney will help you obtain the necessary documents.  Having qualified attorneys with reliable staff is the best way to navigate the amount of financial disclosure required in California. 

Our experienced attorneys will guide you and minimize the tedium of getting your financial disclosures completed. Call Livingstone Law, APC today.  (619) 702-1513 or complete our on-line form for a free consultation at livingstonelawsd.com