Items Needed to File Divorce

Items Needed to File Divorce

Items Needed to File Divorce

If you and your spouse no longer wish to stay married, you can pursue a divorce. There are certain items needed to file divorce. Here is what you need to know.

Items Needed to File Divorce | Financial Documents

When clients come in, we go over what is needed to go and actually file the divorce. Essentially, it comes down to everything related to finances, whether it’s income with pay stubs, tax returns, assets, titles to the house, the deed, titles to vehicles and so on. Then we get into retirement accounts, investments, checking accounts, savings accounts. It’s all financial, really, when it comes to documentation. You have to look at divorce in two parts.

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Items Needed to File Divorce | Getting the Divorce

There is the first part: whether or not you can get a divorce. Now that New York State has no-fault divorce, anyone can get a divorce after six months of not getting along and sign the affidavit or order to testify in court, and that part of the divorce is granted. The court calls that a bifurcated divorce because the first part is actually getting the divorce and the second part is the finances. The way I like clients to look at the finances is that it’s a partnership. It doesn’t matter who went to work and who stayed home, or who made more money, who made less money. That’s kind of something you guys, when you’re married, agreed to. Whether it was verbally or not, it’s an agreement. The courts look at that and say, that’s a partnership and anything that came into the marriage is going to be split 50/50 with few exceptions.

Items Needed to File Divorce | Exceptions

The exceptions would be, for example, a gift. Your father or your mother passed and gave you something specific, let’s say it’s an antique. That is something that is separate property. Also, usually what is considered separate property as well is a personal injury type of compensation, whether it’s through civil litigation, or workers’ comp or disability. If there’s a lump sum, that can be considered separate property. Once you go and put it into a joint account, it becomes commingled and then it is, generally speaking, marital property to be divided.

If you need help collecting items needed to file divorce, please call our Jamestown divorce lawyer Scott Humble today for a free consultation.

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