AVERY & CHEERVA LLP
ARTICLES

CHECKLIST: SUPPORTING FINANCIAL DOCUMENTS

1. Tax Returns. If you are able, please furnish us with copies of your state and federal income tax returns for the last five (5) years including all schedules, W-2 forms and 1099's.

2. Net Worth Statements. If you or your spouse have been required to file any financial or net worth statements in the last five (5) years for the purposes of securing a loan or line of credit, please furnish us with copies of such financial or net worth statements. If you do not have a copy in your possession, contact the financial institution to which you submitted these statements and obtain copies from them.

3. Retirement Plan. If you or your spouse is a participant in any profit sharing, pension, Keogh, annuity or retirement plan from an employer or any prior or concurrent employer, please contact the bookkeeper, plan administrator or person responsible for the maintenance of such program and request from them a copy of the summary plan description, a statement as to the current interest in such plan and its monetary value. If for any reason you encounter difficulties in obtaining information from your spouse's employer, please contact our office and we will pursue this matter for you.

4. Retirement Accounts. If you or your spouse are the owners of any individual retirement accounts (IRA), please provide us with the name of the financial institution, account number, beneficiary and current statement indicating the balance in the account.

5. Real Estate - Legal Description. If you or your spouse have any interest in any real estate, list the address of each such parcel and secure a copy of the legal description for each parcel of real estate. It is important that we have a complete legal description for each parcel of real estate since it will be involved in this particular proceeding and later will be included in pertinent legal documents. If you do not personally have such legal description, you may contact the lending institution which has a financial interest in the parcel of real estate and they will furnish you with the legal description. The legal description appears in the deed, mortgage, title insurance policy or abstract of title. We should have a photocopy of the deed for our file.

6. Real Estate Appraisal. If any property has been appraised for any reason within the last three (3) years, such as for insurance, mortgage loan or contemplation of sale, please furnish us with a copy of the appraisal or the name, address and phone number of the person who made the appraisal for you.

7. Mortgage. Please provide the current and previous year end statement regarding the mortgage balance owing on any real estate you or your spouse has an interest in. Be sure to include mortgage company name, address, telephone number and the account number of your loan.

8. Life Insurance. You will be requested to furnish us with information concerning all life insurance policies. It is important for us to receive a copy of the fact sheet of all life insurance policies owned setting forth the name of the insurance company, face amount of the policy, policy number, owner of the policy, beneficiary, annual premium and the terms and conditions of such policy. Also please provide the liens, if any, on that property.

9. Medical Insurance. Furnish us with the company name, address, policy or group number and subscriber number for all health and medical insurance. Also secure from the insurance company a statement as to coverage for the spouse and children and what provision the policy has concerning conversion after divorce.

10. Burial Plots. A copy of any deed for any burial plots owned by you.

11. Bank Accounts. It is important for us to receive a photocopy of the current statement indicating the balance on deposit in all bank, savings and loan or other financial institution accounts, and we must also receive the account number of each such account. Such information can be obtained by you upon request from the financial institution.

12. Securities. If you or your spouse own any securities, please furnish us with a list of the stocks or bonds owned, the date of purchase, the purchase price, and the current owner of such securities. This information can be obtained directly from the person who handled the purchase of these securities for you or your spouse.

13. Business Interests. If you or your spouse have any interest in any business entity, we must receive copies of such partnership or corporate tax returns, and the appropriate schedules attached to such returns, as well as copies of the balance sheets and profit and loss statements for the last three (3) years. You might find this difficult to obtain if you are not the spouse who has such controlling interest. Please advise us if you encounter difficulties and we will contact the necessary individuals to secure such information.

14. Estate or Trust Interests. It is also important that you tell us if you or your spouse have any interest in any estate, inheritance or a future interest which you believe will become your property, or your spouse's property, in the near future. If such is the case, please furnish us with a copy of the will, inventory, final account and judgment effecting such interest. If you have an interest in any trust, it is important for us to review the actual trust agreement, the inventory, most recent annual account and tax returns, if any, for such trust. We would suggest that you provide us with such documentation for the last five (5) years. Please be sure to furnish us with whatever information you have with respect to your spouse's interest in any estate, trust or future interests.

15. Previous Marriage. If either you or your spouse was previously married and divorced, furnish us with copies of the Findings of Fact, Conclusions of Law and Judgment (Settlement Agreement and Decree) entered in the action.

16. Written Agreements. If you and your spouse have entered into any written agreement concerning support, property or other matters, furnish us with a copy of the agreement. If there is no agreement, under no circumstances should you enter into any agreement with respect to these proceedings or otherwise without consultation with this office.

17. Hearing for Temporary Relief. If we are unable to reach an agreement for temporary support and maintenance during the pendency of the action for yourself and your spouse and your children, you will be required to attend a hearing held before a Judge. At the temporary hearing, you will be required to furnish a wage statement from your employer for a period of eight weeks prior to the hearing, setting forth your actual gross and net earnings. You will also be required to produce copies of your income tax returns for at least the last two (2) years. We would remind you to have this information available and forwarded to us in advance of the hearing so that we can properly represent your interests and also be able to property estimate your needs during such period.

18. Safe Deposit Box. If you or your spouse own a safe deposit box, please indicate the location and furnish us with a list of the contents.

19. History of Marriage. Please provide us with a history of the marriage in narrative form. It should include the events leading up to the marriage, what each of you wished out of the marriage, the property each of you brought into the marriage, the jobs and positions held, if either of you changed or altered plans for the other, the help either or both of your families gave to you and your spouse, and the problems of the marriage. This chronology should also trace residences, financial growth and planning and how you accumulated your present property.

20. Statement of Expenses. Please complete the Financial Declaration included in your intake packet given to you at your initial interview and return it to our office.

21. Monthly Trade Credits/Statement of Account. It will be very helpful to have the actual monthly statement of account from all of your debts for the last twelve (12) months with emphasis on the statement closest to the filing date. In any event, secure as many from each as you are able (Mastercard, Visa, Discover, American Express, Sears, L.S. Ayres, oil company charges, furniture stores, department stores, appliance stores, etc.)

22. Credit Report. If you are unfamiliar with your debts, you could get your credit report from one or all of the credit bureaus to assist you.


The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

Welcome
Firm Overview
Attorneys
Practice Areas
Mediation
On-line Forms
Directions
Resource Links
Articles