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THE WARREN-WATCHUNG CONNECTION
SEPTEMBER 2013
If you think you may want a divorce, con-
sider the following things to do and doc-
uments to obtain:
1.
Social Security Earnings Statements:
These are a wonderful snapshot of
parties’ respective incomes and
show a clear and concise picture of
the earning history of each party.
2.
Last five years of tax returns and all
W-2s, 1099s and K1s.
3.
Each party’s last three paystubs.
4.
Current copies of all bank, broker-
age, and stock account statements.
5.
Employer’s Benefit Manual: These
handouts often provide a detailed list
of every benefit provided by an
employer to an employee (i.e., health
insurance, disability insurance, life
insurance, 401(K), ESOPP, ESPP, pen-
sion information, and the like).
6.
If a pension is involved, documents
from the plan administrator detailing
the nature and benefits of the pen-
sion, the specifications, and a form,
Domestic Relations Order, the plan
administrator requires to divide the
pension.
7.
Copies of any other defined benefit
and defined contribution retirement
account statements (i.e., IRAs, 401(K),
403(
b)).
8.
Copies of all the children's savings
accounts, 529 Plans, savings bonds,
etc.
9.
Documentation to prove the exis-
tence of any other asset.
10.
Copies of credit card statements to
show debt and charges. Year-end
summaries are extremely helpful.
11.
Inventory of any safe or safe deposit
box, make videos of and photograph
all items, and safeguard any item
you cannot bear to have disappear.
12.
Inventory artwork, wine collections,
furniture, furnishings, jewelry, senti-
mental property, and other valuable
collections. Again, make videos of
and photograph all items.
13.
If you are under your spouse's health
insurance policy, this will no longer
be an option post-divorce. Explore
obtaining and maintaining your own
health insurance.
14.
Obtain current mortgage state-
ments. If there is an open line of
credit, see if you can have the bank
require dual signatures before any-
one can access the line. If you are
concerned that the other party will
loot the line of credit and dissipate
the money, it may be prudent to
close or suspend the line of credit.
15.
If you are claiming something is pre-
marital or inherited and therefore
not subject to equitable distribution,
it is your burden of proof. You will
need to compile all documents nec-
essary to show its immune status.
I always ask clients to provide me with a
wish list and a statement as to where
they want to be in a year post divorce. I
like to know these things because it
helps me develop a strategy with them
and determine how to best achieve their
goal, if possible.
As I review their list, the documents I
need or require may change. The client
and the attorney must work together to
identify, assert, and prove all claims to
successfully get what the client is entitled
to in the divorce.
ADVICE TO THE PROSPECTIVE DIVORCE CLIENT
By: Jeralyn L. Lawrence, Esq., Norris McLaughlin & Marcus, P.A.
www.theconnectionsnj.com
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