In divorces or child custody disputes, records are essential to proving your case. It can be tedious and overwhelming which is why it is important to have a legal team aid you in your search. Below is a discussion of the most common documents needed in family law matters to help you begin the process.
Q: What kind of records or documentation should I collect for my legal team?
For divorce cases, Texas is a community property state. It is presumed that any property owned by one or both spouses is community property and subject to a fair and equitable division. Any separate property must be proven by clear and convincing evidence. Generally, separate property is property that was owned before marriage, a gift, or inheritance. To determine the community estate and determine what is a fair and equitable division, you will need evidence of the character and value of any given property.
The most common records needed in a divorce are:
- Records evidencing income such as Tax Returns, W-2, 1099’s, K-1’s, or paystubs;
- Monthly statements from financial institutions, including checking/savings and brokerage accounts;
- Monthly statements from creditors including credit cards, mortgage statements, and vehicle loans. Loan applications are also very helpful as they tend to show all assets owned by the spouse at the time of the loan;
- Monthly or Quarterly statements if monthly are unavailable of all retirement plans, including 401(k)’s, pensions, and IRA’s;
- Policies or statements of life insurance policies;
- All real property records including closing documents, deeds, and deeds of trust; and
- Certificate of title for motor vehicles.
Q: How do I request these?
Your accountant or tax filing provider should retain your tax returns for at least three years, depending on the contract. Additionally, you may request your previous tax returns from the IRS directly.
Your employer should maintain your prior W-2’s, 1099’s, K-1’s, or paystubs.
Most financial institutions maintain the monthly statements for the past seven years and may be accessed online or ordered in any branch. If a record is needed past seven years, the bank may have retained a copy of the record via film.
Retirement records are maintained by a financial institution on behalf of your employer. These may be requested online or ordered in any branch.
The life insurance company should maintain a copy of the policy and monthly statements.
The County Clerk’s office of the county where the real property is located will have all recorded deeds or deeds of trust. Additionally, you may reach out to the title company that assisted with the closing to acquire these records.
Texas Department of Motor Vehicles (TxDMV) maintains certificates of title of motor vehicles.
Q: What if I do not have access to my spouse’s finances?
During the divorce process, your attorney may send written requests for copies of the above. This process is called Discovery.
Q. What records may I need for my Texas child custody matter?
The most common records needed in a child custody dispute are:
- Records showing your involvement in your children’s day-to-day lives;
- School records including attendance and report cards;
- Medical or Dental records of the children;
- Text messages or emails between the parents showing inability to co-parent or communications that are hostile, obscene, or vulgar;
- Photographs of you with the children; and
- Photographs of the living conditions of the children.
Q: How do I request these?
School and medical records should be requested through the custodian of record at the school or medical facility and accompanied by a business records affidavit for the custodian to sign. Your attorney can help with this.
There is computer software that allows text messages to be captured or download into a single image or pdf. Our team at Hunt Law Firm is equipped to download voluminous texts or emails.
In divorces or child custody disputes, records are essential to proving your case. Our attorneys are trained and equipped to aid you in your search. If you would like more information or to speak with an attorney, feel free to give us a call at 832-781-0320.