The records worth collecting first
Tax returns for the last several years are usually the starting point, along with recent pay stubs, bank and credit card statements, retirement and brokerage statements, and loan papers. Deeds, leases, vehicle titles, and insurance policies help identify what exists and whose name it is in. If there is a prenuptial or postnuptial agreement, find the signed copy. Records showing property you owned before the marriage, or received as a gift or inheritance, can matter a great deal later. Make copies of what you can lawfully reach in shared files and your own accounts, and store them somewhere your spouse does not control.
Gathering without crossing lines
There is a difference between collecting household records you have every right to see and getting into your spouse's private accounts. Logging into a spouse's email, phone, or work systems without permission can create legal problems of its own and may make the material unusable. Records you cannot reach can usually be obtained through disclosure in the case or by subpoena. Do not destroy, hide, or move documents or money once a divorce is on the horizon. If you want to keep notes about events or finances, discuss it with your lawyer first and write them for your lawyer, so they are not simply personal notes.
The sworn forms and the filing
Court papers in a divorce include sworn statements, and in New York each spouse in a contested case completes a detailed statement of net worth under oath. Numbers that are guessed or casually rounded can be used to challenge your credibility later. The filing itself starts with a summons, and the forms that follow depend on whether the case is contested or settled. In an early meeting we go through what you already have, what is missing, and which records your spouse is more likely to hold. Bring whatever you have gathered, even if it seems incomplete or disorganized.
