Document Checklist

Pre-Filing Homework

Take the following actions to help protect your rights while you are considering whether or not to file a divorce action:

1. Locate and make copies of: the most recent income tax returns, stock certificates, bonds, bank statements, money market fund statements, brokerage account statements, checking account statements and checks, appraisals of real estate or tangible personal property, loan applications, wills and trust documents. If your spouse owns a business, obtain a copy of all cash receipts for the past three years, as well as tax returns, financial statements and bank records for the business.

2. Inventory the contents of any jointly-held safety deposit box, as well as household valuables such as silver, china, antiques, collectables, art objects and household goods.

3. Establish personal credit relationships (credit cards, store charge accounts, etc.)

4. Open a bank account in your name at a bank where your spouse does not do business. Start saving as much money as you can. If and when you separate, there will be a need for available funds to retain an attorney, as well as pay any other expenses which your spouse may refuse to pay. Your spouse may even withhold support which will place a financial burden on you until a motion to establish temporary support can be brought and heard.

5. Obtain a safety deposit box at the same bank for your personal records.

6. Make a list of all mail received by your spouse from brokerage firms, banks, insurance companies and credit card issuers, as well as their addresses.

7. Make sure that your car is in workable order.

8. If you suspect adultery, get an AIDS test.

9. Have a medical and dental examination. If convenient, undergo any treatments you may anticipate needing in the near future if they are covered under your spouse's insurance.

10. Keep a diary of relevant events, including the comings and goings of your spouse.

11. Do not sign any contracts, promissory notes, deeds, mortgages, or similar documents at the request of your spouse. Your refusal may tip your spouse of your desire to obtain a divorce, but the consequences can be far worse than that of the disclosure.

12. In the event that you decide to initiate the process by filing and serving the divorce action, there is no way to predict how your spouse will react. Therefore, it may be advisable to:

• Withdraw your fair share of funds from joint savings or money market accounts
• Take possession of jointly held stocks, bonds, CDs, and money market funds.
• Change the locks of your car and home if your spouse no longer resides there