In this guide
1. Personal Identification and Basic Documents
Start with the basics: you'll need government-issued photo IDs for both spouses, such as driver's licenses or passports. Also gather each person's Social Security number (keep it confidential) and birth certificates. If you have children, their birth certificates and Social Security numbers are essential.
You'll also need your marriage certificate (a certified copy) to prove the marriage exists. If you've been married before, include divorce decrees from previous marriages. If you're filing for divorce in a different state than where you married, you may need to meet residency requirements—check your state's rules.
- Driver's licenses or state IDs for both spouses
- Certified marriage certificate (and prior divorce decrees if applicable)
- Birth certificates for both spouses and all children
- Social Security numbers for all family members (keep secure)
2. Financial Documents: Income and Employment
Courts need a clear picture of each spouse's income to determine child support, alimony, and property division. Gather recent pay stubs (at least 3-6 months), W-2 forms, 1099s, and tax returns for the past 2-3 years. If you're self-employed, include profit/loss statements and business records.
Also collect documentation of any additional income sources: bonuses, commissions, rental income, investment dividends, unemployment benefits, pensions, and Social Security statements. Be thorough—hiding income can backfire legally.
If you have a retirement account (401(k), IRA, pension), you'll need the most recent statements. These are often divided in divorce, so accurate values are crucial.
- Pay stubs for the last 3-6 months
- Tax returns (federal and state) for the past 2-3 years
- W-2s and 1099s from all jobs
- Self-employment records: profit/loss statements, business tax returns
- Statements for retirement accounts, pensions, and investment accounts
3. Assets and Debts: Property and Liabilities
You'll need to list all assets and debts, with supporting documentation. For real estate, gather mortgage statements, property tax bills, and a recent appraisal or market analysis. For vehicles, have titles, loan payoff statements, and registration. For bank accounts, include checking, savings, and money market statements (last 12 months).
Don't forget personal property of significant value: jewelry, art, antiques, collectibles. You may need appraisals. Also document all debts: credit card statements, personal loan documents, medical bills, and any other liabilities. Include the current balance and interest rates.
Create a comprehensive list of all assets and debts, even if you think they're minor. Courts expect full disclosure, and missing items can cause delays or legal penalties. You can divorce papers with a state-specific template here.
- Mortgage statements, property tax records, and home appraisals
- Vehicle titles, loan payoff letters, and registrations
- Bank account statements (checking, savings, CDs) for the last 12 months
- Credit card statements and loan documents (auto, personal, student) with balances
- Appraisals for valuable personal property
4. Expenses and Cost of Living
To calculate support or divide debts fairly, courts often want to know your monthly living expenses. Prepare a detailed list of your current household expenses: rent/mortgage, utilities, groceries, transportation, insurance, childcare, healthcare, and any other recurring costs. Keep receipts or bank statements as proof.
You'll also want to document any special needs or extraordinary expenses for children, such as private school tuition, therapy, or medical costs. These can impact support calculations.
If you have been separated, you may need to show separate expenses for each household. Keep a log of who paid what during the separation period.
- Monthly budget: housing, utilities, food, transportation, insurance
- Childcare and education costs (tuition, activities, camp)
- Healthcare expenses: premiums, co-pays, prescriptions
- Records of who paid shared bills during separation
5. Other Legal Documents and Agreements
If you have a prenuptial or postnuptial agreement, gather it—this will heavily influence property division. Also include any existing court orders related to your family, such as child support or custody orders from a previous relationship.
If you've been a victim of domestic violence, consider gathering protective orders, police reports, or medical records. These may be relevant to custody or other issues.
Also collect any communication that relates to the divorce: emails, texts, or letters about finances, custody, or property. They can serve as evidence. But be mindful of privacy and admissibility rules.
- Prenuptial or postnuptial agreements
- Any existing court orders (child support, custody, protective)
- Police reports or protective orders if applicable
- Relevant correspondence (emails, texts) about divorce matters
6. Organizing Your Documents and Next Steps
Once you've gathered everything, organize it systematically. Use labeled folders (physical or digital) for each category: personal, income, assets, debts, expenses, and legal. Scan documents to create digital backups—this makes it easier to share with your attorney or upload to court e-filing systems.
Make at least two copies of everything: one for your records, one for the court (or your attorney). If you're filing without a lawyer, check your court's website for specific forms and filing fees. Many courts offer self-help centers.
Finally, consult with a family law attorney for a consultation if possible—they can review your documents and advise on your rights. Even if you plan to proceed pro se, a professional review can be invaluable.
- Use clear, labeled folders for each document category
- Scan documents and store them securely in the cloud or on a hard drive
- Make copies for court, attorney, and personal records
- Check your local court's website for specific forms and filing requirements
- Consider a consultation with a family law attorney