29 July 2025
Preparing for divorce is not just an emotional process—it’s a legal and financial one as well. The steps you take early on can significantly affect the outcome of your case. One of the most important things you can do is gather the right documents and information before filing. Whether you anticipate an amicable separation or a more complex dispute, having a complete and organized set of records will empower you to make informed decisions and protect your rights.
At Enright Family Law, we support modern families through the evolving landscape of relationships, marriage, and divorce. Our team is committed to helping you prepare strategically and thoughtfully for the next chapter of your life.
Here’s a comprehensive guide to the essential documents and information you should gather when preparing for your divorce in California.
1. Proof of Identity and Marital Status
Start with basic personal records to establish your identity, marriage, and any name changes:
- Your driver’s license or government-issued ID
- Marriage certificate
- Any prenuptial or postnuptial agreements
- Previous divorce decrees (if applicable)
These documents serve as foundational records for the divorce process and may be requested by the court or your attorney during filing.
2. Financial Records
Dividing assets, debts, and determining support depends heavily on a clear understanding of your financial situation. Gather the following:
Income Documentation
- Pay stubs from the past 6–12 months
- Recent W-2 and/or 1099 forms
- Tax returns (at least the past 3 years, including all schedules)
- Profit and loss statements (if you or your spouse are self-employed)
- Unemployment, disability, or Social Security benefit records
Bank Statements
- Checking and savings account statements (individual and joint accounts)
- Certificates of deposit (CDs)
- Online payment platforms such as PayPal, Venmo, or Cash App account summaries
Credit Card and Loan Statements
- Credit card statements for all open accounts
- Auto loans, student loans, and personal loans
- Mortgage statements or home equity lines of credit
Having a full financial picture allows your attorney to accurately assess assets, debts, and potential support obligations.
3. Real Estate Documents
Whether you own a home, rental property, or vacation home, you’ll need documentation to establish ownership and equity:
- Deeds and titles
- Mortgage documents
- Property tax statements
- Recent appraisals or market evaluations
- Lease agreements (if any property is being rented)
Real estate is often one of the most valuable marital assets, so accurate documentation is critical.
4. Investment and Retirement Accounts
These accounts are subject to division under California’s community property laws:
- 401(k), 403(b), IRA, or pension account statements
- Stock portfolios, bonds, and mutual fund statements
- Brokerage account summaries
- Cryptocurrency wallet documentation
Even if only one spouse’s name is on the account, contributions made during the marriage may be considered community property.
5. Insurance Policies
These can have implications for both financial security and child support:
- Life insurance policies (including beneficiaries and cash value)
- Health, dental, and vision insurance policies
- Auto and homeowners insurance
- Long-term care or disability insurance
These policies may be considered marital assets or be relevant for continued coverage of children or a spouse after divorce.
6. Business Ownership Records
If either spouse owns a business, you’ll need detailed documentation for valuation and potential division:
- Business licenses
- Articles of incorporation or partnership agreements
- Operating agreements or shareholder contracts
- Tax filings and payroll records
- Profit and loss statements, balance sheets, and other financials
Business interests often require professional valuation and careful legal analysis to determine equitable division.
7. Children-Related Documentation
If children are involved, these documents can influence custody, support, and parenting plans:
- Birth certificates and social security numbers
- School records and report cards
- Medical and dental records
- Daycare, extracurricular, or therapy expenses
- Parenting schedules (if already informally arranged)
California courts base custody decisions on the best interest of the child, and having organized documentation helps present your case clearly.
8. Communication Records
Sometimes texts, emails, or social media posts are relevant in custody or abuse-related matters. If you believe these records may support your case, save:
- Emails between you and your spouse
- Text messages, especially if related to threats, finances, or parenting
- Screenshots of relevant social media posts
Always discuss these with your attorney before submitting them to the court.
9. Monthly Budget and Living Expenses
Understanding your cost of living is essential in determining spousal or child support. Prepare a breakdown that includes:
- Rent or mortgage
- Utilities
- Transportation
- Groceries
- Healthcare costs
- Child-related expenses
A clear budget helps demonstrate your financial needs and lifestyle during the marriage.
10. Legal and Court Records
If there are existing court orders or legal matters, such as restraining orders or previous lawsuits, provide:
- Existing family court orders
- Criminal records or police reports (if applicable)
- Restraining or protective orders
- Any ongoing lawsuits involving either party
These documents may affect divorce proceedings, particularly in matters of custody or personal safety.
Be Thorough, Organized, and Proactive
Gathering these documents might feel overwhelming, but taking this step early in the divorce process can prevent delays, reduce legal costs, and ensure a fair outcome. Keep copies (physical and digital), organize them by category, and share them with your attorney securely. The more complete your documentation, the better your legal team can advocate for you.
How We Can Help
At Enright Family Law, we understand that preparing for divorce is more than collecting paperwork—it’s about protecting your future. We help modern families across San Diego navigate the emotional and legal challenges of divorce with care, clarity, and strategic support.
Our team will walk you through each document, ensure you understand your rights, and build a plan that reflects your goals. Whether you’re managing complex assets or seeking a peaceful separation, we’re here to help you every step of the way. Contact us today to schedule a consultation and begin preparing with confidence.
