Documents Needed for Your Utah Divorce Case

With all the paperwork and documentation involved, preparing for divorce can often feel overwhelming. While marriage is just as much an economic relationship as it is an emotional one, there are a number of documents needed for divorce to ensure your marital property is divided equitably. It’s best to begin collecting these documents as early as possible in the process.

The following documents can provide your attorney with the financial information they need so they can work to secure a fair result in your case when it comes to the issues of property division and spousal support.

Income Documents

Some of the most important documents needed for divorce concern income and employment. Both parties are required to provide full financial disclosure in divorce, and this includes information concerning income from all sources. Documents that can be used to show income in your divorce case can include the following:

• Tax returns
• Pay stubs
• Employment contracts
• Documentation regarding commissions and bonuses
• Self-employment income documentation
• Financial statements
• W-2s and 1099 forms
• Check ledgers

Each spouse must also provide a financial declaration as part of the initial disclosures in a Utah divorce case. Failure to do so can subject the non-compliant party to sanctions — this can include an award of undisclosed assets to the other spouse, attorney’s fees, and other sanctions.

Mortgage or Lease Agreements

If a mortgage was taken out during the course of your marriage, you will need to provide documentation of it during the divorce process. Dividing this debt can be complex and often depends upon how spouses decide to divide the marital home. For example, if the house is sold, the proceeds may be used to pay off the mortgage. If one spouse will be remaining in the home, they might assume the rest of the mortgage payments.

Similarly, if you and your spouse were renting a home or apartment, one of the documents needed for divorce is your lease agreement. You and your spouse will need to decide whether you will be breaking the lease — and how any penalties would be handled — or if one spouse will remain for the term of the lease. There may also be the issue of dividing the return of a security deposit to consider.

A List of Property

Having a list of any property owned by you and your spouse (both separately and together) is essential in a divorce case. When determining the equitable distribution of marital property in Utah, the court would consider a variety of factors, including whether the asset was acquired during the marriage. While only marital property is divided in divorce, separate property owned by either spouse before the marriage can sometimes be commingled with marital property if joint funds were used to improve it — such as in the case of real estate.

Property that is typically divided in divorce can include:

• The marital home
• A vacation home
• Vehicles
• Investment property
• Personal property
• Jewelry and artwork
• Collectibles
• Furnishings
• Digital assets
• Intellectual property

It may be necessary to obtain an appraisal for property with a fluctuating value to determine a fair division.

Financial Statements

A variety of financial statements will need to be provided in divorce. These documents paint a comprehensive picture of each party’s assets, debts, and expenses. Financial documents to gather for your case can include:

• Checking and savings statements
• Investment account statements
• Brokerage account statements
• Passbooks and check registers
• Deposit slips and bank charge notices

Importantly, the above documents needed for divorce can also provide proof of any financial misconduct by either party during the marriage.

Debt Documents

Not only do assets need to be divided in divorce, but debts must also be allocated between the parties. Any debt taken out during the marriage must be disclosed — no matter which spouse’s name it is in. Documents needed for divorce that demonstrate debt can include loan applications, credit card statements, unpaid medical bills, and unpaid utility bills.

Retirement Plans and Pensions

Retirement accounts and pensions can often be some of the most valuable assets in a marriage. If you or your spouse has a retirement plan, pension, 401(k), 403(b), or IRA, it may be subject to division in divorce. All documents that are related to these benefits must be disclosed, including paperwork related to stock options and life insurance accounts.

Business Ownership Records

If you or your spouse owned a business during the marriage — either jointly or together — these interests may be subject to division when you part ways. Documents needed for divorce that are relevant to dividing business interests can include:

• Business formation documents
• Financial records
• Profit/loss statements
• Bank statements
• Balance sheets
• Tax returns
• Business valuation reports
• Contracts with vendors

All of the above can help to determine the value of a business. However, in complex cases, a business valuation expert may be needed to assess how much the company is worth.

Prenuptial or Postnuptial Agreements

When determining how marital property should be divided, a valid prenuptial or postnuptial agreement would override Utah’s equitable distribution law and control the outcome, if one was entered into. A prenup signed before the marriage, or a postnup entered into during the marriage can classify property as either marital or separate, specify how assets will be divided, outline how debts would be handled, and decide spousal support issues in the event of divorce.

Contact an Experienced Utah Divorce Attorney

Divorce always involves a substantial amount of paperwork, and it can often be stressful and confusing to understand which documents are needed for your case. A skillful family law attorney can advise you regarding the documents you will need to provide and help you navigate the process of dividing your marital property. Based in Salt Lake City, BartonWood provides skillful counsel and trusted representation to clients for a wide variety of divorce and family law issues. To learn more about our legal services and how we can assist you, call 801-326-8300 or contact us to schedule a consultation.