Getting ready for a divorce in South Carolina means that you need to prepare in advance. One of the things you can do now to ensure that you are prepared for your divorce case to move forward is to make a divorce document checklist. On this checklist, you can identify all of the documents that you will likely need in order to go through property division, to handle spousal support or alimony, to go through a child support case if you have minor children from the marriage. Since South Carolina has fault-based grounds for divorce, you can also ensure that you have documentation to show one of the fault-based grounds for divorce that you plan to allege. Here is a document checklist to help you as you get ready for your divorce.
Evidence of Fault-Based Grounds for Divorce
As you may know, South Carolina law still requires you to prove grounds for divorce. One of those grounds is a “no fault” ground based on you and your spouse living separate and apart for at least one year. Accordingly, you will need evidence or documentation that proves one of the following:
- Evidence of adultery or cheating, which might include photographs, emails, text messages, or phone bills;
- Evidence of desertion for a period of one year, which may include evidence that you were the only adult in the household or paying bills;
- Evidence of physical cruelty;
- Evidence of habitual drunkenness; or
- Evidence that you and your spouse have been living separate and apart for at least one year, which may include separate rental agreements and utility bills.
Income and Employment Documents
You will need documents that show both your income and your spouse’s income. Documentation of income and employment should include, for example:
- Tax returns for you and your spouse from the last three years;
- W2s or 1099s;
- Pay stubs; and
- Employment agreements or employment contracts.
Documentation of Tangible Assets
You will need documents that provide information about the tangible assets you own, such as:
- Car loans;
- Mortgage statements;
- Insurance valuations; and
- Purchase receipts.
Documentation of Accounts, Investments, and Other Intangible Assets
In addition to documenting tangible assets, you will want to gather documents that can account for accounts, investments, and other intangible assets. As such, you should make sure to have the following types of documents:
- Bank statements, including from checking and savings accounts;
- Retirement account and pension statements; and
- Documentation of any investments, including stocks, bonds, securities, and more.
Documentation of Debts
You will also need to have documents of all debts, including those owned separately by you or your spouse and those that will be classified as marital property. Gather the following documents:
- Credit card statements;
- Personal loan statements; and
- Student loan bills.
Contact a Charleston Divorce Lawyer
One of our experienced Charleston divorce lawyers can help you to construct a divorce document checklist in anticipation of your divorce, and we can also look over any checklist that you have already created. It is important to be prepared for your divorce, and our firm can make sure you are ready to go. Contact The Peck Law Firm online or call us at 843-631-7117 for more information.