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  • Writer's pictureCruzDay Law

What documents do I need for my divorce?

When you file for divorce in Texas, there are certain documents that are generally exchanged between the parties. The list can seem overwhelming, but these are necessary for your attorney to help you ask for an appropriate division of property and to argue your case for child custody issues.

Financial Documents

  • You will need to produce two years of bank statements from all bank accounts you have. It doesn't matter if your spouse also has access. You will still need to get your own copies.

  • You will need to produce your last two years of tax returns. Again, it doesn't matter if your spouse also has access.

  • You will need to produce two years of all your credit card statements. You won't just want to send in screenshots - take the time to download the full statements or ask your credit card company for copies.

  • Save your paystubs, or download them from your payroll website. You will need the two most recent, and these will continue to be updated throughout the case.

  • It is becoming more common for people to exchange statements from sources such as CashApp, Venmo, Zelle, etc. If you use any of these on a regular basis, plan on getting the statements. If you know your spouse uses them, then let your attorney know so they can specifically request them.

  • You will need statements regarding all your investments, retirement accounts, IRAs, pensions, TRS, etc. If you started any of those accounts prior to your marriage, you will need to find out the balance on the date of your marriage. You may have to contact your financial institution to get a statement from that time period or something from them showing the balance. If you have a pension, TRS or similar such plan - your attorney will have additional questions in order to determine the true value of that asset.

Property Documents

  • If you have any real property (i.e. a home), you will need the most recent mortgage statements. If you purchased the home prior to the marriage, or if you refinanced the home at some point with your spouse, get those refinance/purchase documents as well.

  • Go to Kelly Blue Book and get a report on the value of your vehicle. You will need to produce your most recent loan statements if there is an outstanding loan on the vehicle.

Children's Documents

  • If there are children and custody is going to be an issue there are documents you can gather to help your case. Attendance records, discipline records, 504 meeting notes, etc from the school are important. Schools are nearly impossible to get information from over the breaks, so it's best if you request these sooner rather than later.

  • If there are disagreements about the medical care your children are receiving, or should receive, request medical records from their providers. You can also request a report of all medications filled from your pharmacy.

Other Miscellaneous Documents

  • What else will your attorney ask for? That is generally very fact specific. Some common examples include: text messages between you and your spouse that support your claims; photographs of your children that support your claim; social media posts (good or bad) that may support your claim.

When you do an initial consultation with a prospective attorney, they should be able to answer your questions about additional kinds of documents to gather. If you are looking for experienced representation, call Cruz Day Law for a consult at 210-201-4996.

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