A divorce can be one of the most emotionally grueling experiences in a man’s life. One of the most annoying and frustrating parts of the divorce process is filling out all of the necessary forms and digging up all of your own records that are required. Some of us men tend to be a little disorganized at times, but it is extraordinarily important to find as many of the necessary documents as possible, in order to best protect what is yours. Many of the forms which are required to be completed prior to getting divorced in Missouri can be very complicated.
To begin the divorce process, the petitioner (the person who initiates a divorce) must file a petition of dissolution of marriage in the Missouri Circuit Court in the appropriate county. Missouri law requires the petition for dissolution to contain certain information, including both parties’ names, the last 4 digits of the social security numbers, ages, employment status, and details of the children of the marriage, among other things.
Following the filing of the petition for dissolution, the responding party must then file an answer to the petition within 30 days of being served with the petition. The answers to the petition are very important and must be answered seriously and accurately.
Following the petition and answer, each party must complete a statement of income and expenses. This statement must include the party’s monthly gross income from salaries, wages and commissions, social security income, retirement benefits, pension income, trust and annuity income, worker’s compensation income, disability income, veteran’s benefits, child support and childcare costs.
If there are children of the marriage and one party seeks child support from the other party, then a Missouri form 14 will need to be filled out. Form 14 essentially calculates the amount of child support which will be owed. The form 14 is primarily concerned with the needs and resources of the children, the needs and resources of the parents, the standard of living the children are accustomed to, the physical and emotional condition of the child and how many over nights the child spends with each parent.
You must have the proper financial documents to show what your accurate assets and debts are, both in marital and non-marital property. Below is a comprehensive list of what documents you may need in a divorce. Obviously, the more assets you own and the more diverse they are will create the need for more documentation. Not all of the documents listed below will be necessary for every divorce.
Documentation:
1. Tax documents: The last three years of:
-Federal Tax Returns (Form 1040, 1040A, 1040EZ)
-State Tax Returns
-W2’s and/or 1099’s
-All documentation related to any local, county, state or federal tax liens
-Any other tax related documents including that related to an audit
2. Estate planning documents
-Wills
-Trusts
-Durable power of attorney
-Transfer of death (TOD) documents
3. Detailed listing of all debts: property mortgages, car/boat/motorcycle loans, credit card debt, personal loans, & student loans.
-Name of creditor, address and telephone number
-Account number
-Amount of debt
-Amount of monthly payment
-Any collateral involved
4. Details of all real estate owned
-Deeds of Trust
-Liens
-Legal descriptions (if available)
-Mortgage companies (name, address, telephone number, account number, balance of note, monthly payments)
- Evidence if the property was a gift or was inherited
-Present value
5. Motor Vehicles (mobile homes, boats, trailers, motorcycles, recreational vehicles)
-year
-Value
-Title
-VIN number
-Any debt, who is signed on the debt, account number, loan balance and monthly payment.
- Account number
- Net equity
-Last three years of loan statements.
6. Bank accounts and investment accounts (savings, checking, IRA’s, certificates of deposit, 401K’s and pension plans)
-Financial institution name, address and telephone number
-Balance on date of marriage
-Current balance
-Account numbers
-Pension documents
7. Non-marital property (assets owned prior to marriage, inheritances, gifted property)
8. Retirement savings:
-Name and address of retirement plan
-Name of employer and employee
-Date of initial contribution
-Current balance
-All available documents
9. Stocks and bonds
-Investment type, account and certificate number
-Party in possession
-Amount used as collateral
-Date of initial investment
-Tax basis
-Current value
-Stock option details.
10. Life insurance and annuities
-Name of insurance company
-Policy number and name of insured
-Monthly premium cost
-Date of issue
-Face value
-Cash surrender value
-Current surrender value
-Designate beneficiary
11. Closely held companies
-Name of legal entity and any DBA
-Address
-Nature of business
-Percent ownership/number of shares/value of shares
-Balance of accounts receivables
-Value of assets and liabilities (balance sheet)
-Statement of cash flows
-Copies of any leases
-Legal description
-Corporate/LLC legal documents.
12. Documentation of funds owed by spouse
13. Household items: furniture, furnishings, fixtures
-photographs
-receipts
14. Computers, TV’s, stereos, other electronics
15. Valuable artwork and collectibles.
16. Jewelry, collectable coins or stamp
17. Firearms and gun safe
18. Livestock
19. Safe deposit box items
20. Items in any storage facility
21. Airline miles
Preparing and providing all of these documents will save your attorney and staff time, which will save you on attorney’s fees. Also, by providing all of these documents, the other side and the judge will see your transparency and hopefully expedite the divorce process. If you are a man facing a divorce in Cass County, MO or Jackson County, MO please call the Men's Center for Domestic Resolution in Pleasant Hill, MO at 816-287-1530.
Yours truly,
Rob Davis, Attorney at Law
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