Divorce Document Checklist

A complete list of the financial and legal records you need to gather before filing for divorce in Massachusetts. Check items off as you collect them.

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Why this matters: The more complete your financial picture at the start of your case, the stronger your position — and the lower your legal fees. Documents marked Essential are required in virtually every Massachusetts divorce. Items marked If applicable depend on your situation. Gather as many as you can before your first consultation.

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Check items off as you collect them.

Income & Employment

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Last 3 years of federal and state tax returns (all pages) Essential
Include all schedules — A, B, C, D, E, and K-1s if applicable.
Last 3 months of pay stubs Essential
For both you and your spouse if obtainable.
Most recent W-2s and 1099s Essential
Employment contracts or offer letters If applicable
Relevant if you or your spouse recently changed jobs or received a new compensation package.
Documentation of bonuses, commissions, or overtime If applicable
Documentation of any other income sources If applicable
Rental income, freelance income, side businesses, trust distributions, alimony from a prior marriage.

Bank & Savings Accounts

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Last 12 months of statements for all checking accounts Essential
Joint and individual accounts. Courts look for unusual withdrawals or transfers.
Last 12 months of statements for all savings accounts Essential
Certificates of deposit (CDs) — current statements If applicable
Money market account statements If applicable

Real Estate

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Mortgage statement(s) — most recent Essential
Shows current balance, monthly payment, and lender information.
Deed(s) to all real estate owned Essential
Last 12 months of mortgage statements Essential
Home equity loan or HELOC statements If applicable
Recent property tax bills Essential
Recent appraisal or real estate estimate If applicable
A Zillow or Realtor.com estimate is a reasonable starting point if no formal appraisal exists.
Rental property income and expense records If applicable

Retirement & Pension Accounts

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Most recent 401(k) or 403(b) statements Essential
For both you and your spouse. Note the balance as of the date of marriage if possible — courts need this to identify the marital portion.
IRA statements (Traditional, Roth, SEP, SIMPLE) Essential
Pension plan documents and most recent benefit statement If applicable
Include any defined benefit plan summary plan descriptions.
Stock option or deferred compensation plan documents If applicable
Social Security statement (ssa.gov — free to download) Essential
Account statements as of the date of marriage (if available) If applicable
Used to calculate the pre-marital (separate property) portion of retirement accounts.

Investment & Brokerage Accounts

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Last 12 months of brokerage account statements Essential
Stock certificates or direct stock ownership records If applicable
Restricted stock unit (RSU) or employee stock plan records If applicable
Cryptocurrency holdings and transaction history If applicable
Screenshots of exchange account balances and wallet addresses. Courts increasingly require full crypto disclosure.

Vehicles

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Vehicle registration and title for each vehicle Essential
Auto loan statements — current balance If applicable
Boat, motorcycle, RV, or other vehicle titles and loans If applicable

Business Interests

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Business formation documents (Articles of Incorporation, LLC Operating Agreement, Partnership Agreement) If applicable
Last 3 years of business tax returns If applicable
Most recent business financial statements (balance sheet, P&L) If applicable
Business valuation report (if one exists) If applicable
Buy-sell agreement or shareholder agreement If applicable
List of business assets and major equipment If applicable

Debts & Liabilities

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Last 12 months of credit card statements (all cards) Essential
Courts look for unusual spending patterns and undisclosed liabilities.
Personal loan statements — current balances Essential
Student loan statements If applicable
Note whether loans were taken before or during the marriage.
IRS or state tax debt notices If applicable
Any judgments, liens, or outstanding lawsuits If applicable

Insurance Policies

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Life insurance policies — face value, cash value, and beneficiary designations Essential
Health insurance policy information and premium costs Essential
Critical for child support calculations and temporary orders.
Disability insurance policies If applicable
Long-term care insurance policies If applicable

Personal & Legal Documents

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Marriage certificate Essential
Birth certificates for all children Essential
Prenuptial or postnuptial agreement If applicable
Any prior divorce decrees or separation agreements If applicable
Wills and trusts for both parties If applicable
Any inheritance documentation — amounts, dates, and source If applicable
Relevant to separate property claims.
Documentation of pre-marital assets you brought into the marriage If applicable
Bank statements, investment statements, or appraisals from around the time of marriage.
Any domestic violence restraining orders or 209A orders If applicable

Children & Expenses

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Child care and daycare costs — monthly amount and provider Essential
Required for Massachusetts Child Support Guidelines calculation.
School tuition, fees, and related expenses If applicable
Extraordinary medical expenses for children If applicable
Any existing custody orders or parenting agreements If applicable
Documentation of special needs, IEP, or medical conditions affecting the children If applicable

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