When seeking a divorce, anything and everything is on the table.  To split assets and debts - both spouses, attorneys, mediators, arbitrators, and judges need to know the details of each spouse's finances.

To determine this, when petitioning for divorce, many courts require the petitioner's financial statement submitted with the Petition for Dissolution when filing for divorce.  The respondent must then provide the Court's required financial documents with or soon after answering the Petition.

If you have legal representation, your lawyer will provide a form to fill out pertaining to your financial information. 

If you would like an idea of the standard form used and/or do not have an attorney and are representing yourself (also referred to as going "pro se", you may be able to download it from the Court's website specific to your state (formerly known in some states as: Office of State Courts Administrator).

Be truthful

Do not lie, misrepresent, or omit ANYTHING when divorcing!  This could result in serious legal consequences and may result in giving your spouse the right to an appeal 

Standard Information Requested

DISCLAIMER: Please be advised, the following data varies from state-to-state.  It should not be relied upon as legal advice or used as guidance in place of an attorney.  Contact the appropriate legal counsel or proper legal authority and/or local circuit court clerk for details.  See full site and article disclaimer(s) also applicable to this data/ information in this article.

Data to prepare and enter on the standard form (each party)

• Current Income (based on physical proof such as paystubs, profit & loss, tax return)
• Past Income from the past 3-5 years (tax returns, financial statements, old pay stubs)
• Documented living expenses
• Childcare expenses (if relevant)
• List of assets (marital and separate)
• Estimated assets value or documented worth
• Names on deeds, certificates, titles, bonds, or other property
• List of debts and origination dates (include lender, purpose, balance, monthly payments, and borrower/cardholder name)

Discovery

As the divorce progresses, more information may be requested in what is called the discovery process.  This process is for the purpose of collecting information relevant to the divorce.

A "Request for Production of Documents" may be part of this process.  It usually includes a request for financial documents, but the request may include other relevant information and documents not related to finances.

Other actions that may be part of the discovery process include:

• Interrogatories (request for written answers, under oath to written questions within 30 days)
• Depositions (verbal questioning of one or both spouses and witnesses under oath, outside a courtroom and without a judge present)
• Request for Admission (one party requests the other to admit specific facts relevant to the divorce)
• Request for Entry Upon Land (request for one party to enter and inspect marital real property (home, income producing property, business and its operational records and inventory) otherwise controlled and/or occupied by the other spouse.

If there is more relevant data not listed above that you believe to be of importance, make sure you discuss it with your attorney, when applicable, at the beginning of your case. 

However, it is essential to give your attorney all documents and information requested in a timely manner.  

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