The Complete Divorce Checklist: Everything to Gather Before You File
Preparation is the single most important thing you can do to protect yourself in divorce. The documents you gather now will determine how fairly assets are divided, whether hidden money is uncovered, and how strong your position is in negotiations. Don't wait until after filing to start collecting.
Before you start
Gather copies, not originals. Store copies in a secure location your spouse cannot access: a trusted friend or family member's home, a bank safe deposit box (in your name only), or a secure cloud storage account with a password your spouse doesn't know. If you suspect your spouse may destroy records, prioritize gathering financial documents first.
Financial Documents
Financial disclosure is mandatory in every divorce. The more complete your records, the harder it is for anyone to hide assets or misrepresent the marital estate.
- ☐Tax returns — Federal and state returns for the past 3 to 5 years, including all schedules and W-2s / 1099s.
- ☐Pay stubs — Most recent 3 to 6 months for both spouses. Include bonuses, commissions, and overtime documentation.
- ☐Bank statements — All checking, savings, and money market accounts (joint and individual) for the past 12 to 24 months. Look for unusual transfers or withdrawals.
- ☐Investment accounts — Brokerage statements, stock certificates, mutual fund statements, cryptocurrency holdings. Include the date-of-marriage and current values.
- ☐Retirement accounts — 401(k), 403(b), IRA, Roth IRA, pension statements, and military retirement benefits. Get the most recent statement AND the value as of the date of marriage.
- ☐Social Security statements — Your estimated benefits statement (available at ssa.gov). Important for long marriages and spousal benefit eligibility.
- ☐Business records — If either spouse owns a business: profit and loss statements, balance sheets, business tax returns, partnership agreements, corporate minutes, and valuation reports.
- ☐Life insurance policies — Policy details, beneficiary designations, and cash values for all life insurance policies.
- ☐Employee benefits documentation — Stock options, restricted stock units, deferred compensation plans, bonus structures, and any other employment benefits.
Property Records
Everything you own together (and separately) needs to be documented. Don't forget about property that may seem minor but has significant value.
- ☐Real estate deeds and titles — Deeds for all properties, including the marital home, vacation homes, rental properties, and vacant land.
- ☐Property appraisals and tax assessments — Recent appraisals or comparative market analyses. County tax assessments for each property.
- ☐Vehicle titles and registrations — For all cars, trucks, motorcycles, boats, RVs, and other vehicles.
- ☐Valuable personal property — Jewelry appraisals, art collections, antiques, collectibles, electronics, and furniture. Photograph and catalog high-value items.
- ☐Safe deposit box inventory — Contents of any safe deposit boxes. If possible, photograph the contents. Note which spouse has access.
- ☐Storage unit contents — Inventory of anything stored off-site in rental storage units.
- ☐Prenuptial or postnuptial agreements — The original signed agreement and any amendments.
Debt Records
Debts are divided in divorce just like assets. You need a complete picture of everything owed, by whom, and on what terms. Marital debt is generally shared regardless of whose name it's in.
- ☐Mortgage statements — Current balance, monthly payment, interest rate, and remaining term for all properties.
- ☐Home equity loans or lines of credit — Balances and terms for any HELOCs or second mortgages.
- ☐Credit card statements — All cards (joint and individual) for the past 12 months. Note any unusual spending patterns.
- ☐Auto loans — Balances and terms for all vehicle financing.
- ☐Student loans — Balances, servicers, and whether loans were taken before or during the marriage (this matters for division in many states).
- ☐Personal loans — Any loans from banks, credit unions, family members, or online lenders.
- ☐Medical debt — Unpaid medical bills, payment plans, and any debt in collections.
- ☐Tax debts — Any amounts owed to the IRS or state tax authorities. Include payment plans.
- ☐Credit reports — Pull credit reports for both spouses from annualcreditreport.com. This can reveal debts you didn't know about.
Children's Records
If you have children, custody and support will be central to your divorce. Having organized records demonstrates that you are an engaged, responsible parent and strengthens your position in custody discussions.
- ☐Birth certificates — Certified copies for each child.
- ☐Social Security cards — For each child.
- ☐School records — Enrollment information, report cards, IEPs or 504 plans, teacher contacts, and records of which parent handles school communications and events.
- ☐Medical records — Pediatrician contact, insurance cards, immunization records, prescription information, and any ongoing treatment or therapy records.
- ☐Childcare and activity expenses — Daycare costs, after-school programs, tutoring, sports, music lessons, summer camps, and other activity costs with documentation.
- ☐Parenting schedule documentation — A written record of who handles daily care: school drop-off/pick-up, doctor appointments, homework help, bedtime routines, weekend activities. This is critical for custody discussions.
- ☐Special needs documentation — If any child has special needs: diagnoses, treatment plans, therapy schedules, associated costs, and the roles each parent plays in care.
Digital Accounts and Passwords
In today's world, a significant portion of your financial and personal life exists digitally. Don't overlook these critical accounts.
Online banking and financial accounts
Ensure you have independent access to view all financial accounts. If your spouse is the primary account holder, screenshot or download statements before access might be restricted.
Email accounts
Change passwords on your personal email. If you share an email account, create your own separate account. Email often contains financial statements, legal correspondence, and other critical records.
Cloud storage
Check Google Drive, iCloud, Dropbox, and other cloud services for shared documents, photos, and financial records. Download anything you may need.
Social media accounts
Review your privacy settings. Be aware that social media posts can be used as evidence in divorce proceedings. Screenshot any posts by your spouse that may be relevant to custody or financial claims.
Subscription and loyalty accounts
Airlines, hotels, credit card rewards, streaming services, membership clubs. Many of these have monetary value that should be addressed in the settlement.
Cryptocurrency and digital assets
Document any cryptocurrency wallets, NFTs, or other digital assets. These can be difficult to trace and easy to hide. Note exchange accounts and wallet addresses if you have access.
Shared passwords and devices
Make a list of shared passwords and accounts. Change passwords on your personal accounts to ones your spouse doesn't know. Consider a password manager for your new credentials.
Personal Safety Planning
If there is any history of domestic violence, controlling behavior, or if you have concerns about your safety, these steps are critical. Even if you don't feel in danger now, divorce can escalate tensions.
- ☐Important personal documents — Secure your passport, birth certificate, Social Security card, immigration documents, driver's license, and marriage certificate. Keep copies in a safe location outside the home.
- ☐Emergency cash fund — Set aside cash (not in a joint account) for emergency expenses: a hotel, gas, food, and basic necessities for you and your children.
- ☐Separate phone line — If your spouse monitors your phone, consider a prepaid phone for private communications with your attorney, counselor, or support network.
- ☐Evidence of abuse — Photos of injuries, saved threatening messages, police reports, medical records documenting injuries, and a written timeline of incidents. Store these securely outside the home.
- ☐Protective order information — Research how to obtain a protective order in your state. Know the courthouse location and process so you can act quickly if needed.
- ☐Safety plan — Identify a safe place to go in an emergency, have a packed bag ready, and make sure trusted people know your situation. The National Domestic Violence Hotline (1-800-799-7233) can help you create a safety plan.
- ☐Children's essentials — If you may need to leave quickly with children, have their medications, school information, comfort items, and a change of clothes accessible.
How to Organize Everything
A well-organized file will save you time and money throughout the divorce process. Your attorney will thank you (and bill you less).
Create a physical binder or digital folder system
Organize documents into categories: Financial, Property, Debt, Children, Personal, and Legal. Use labeled tabs or subfolders.
Create a master asset and debt spreadsheet
List every asset and debt with its current value, whose name it's in, and whether it's marital or separate property. This becomes your financial snapshot.
Make multiple backup copies
Keep at least two copies of everything in different locations. If using cloud storage, use a secure service with two-factor authentication and a password your spouse doesn't know.
Track your monthly budget
Courts will ask about your monthly income and expenses. Start tracking everything now so you have accurate numbers when you need to complete financial affidavits.
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Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. The document requirements and procedures described are general guidelines. Your state, county, and specific circumstances may require additional or different documentation. Always consult with a licensed attorney in your state before taking legal action.
If you are in a domestic violence situation, your safety is the top priority. Contact the National Domestic Violence Hotline at 1-800-799-7233 or text START to 88788 for immediate support and safety planning.