When a marriage ends, emotions are high, but paperwork matters more than people realize. The documents you collect before filing for divorce can make a major difference in how quickly and fairly your case moves forward. This guide explains exactly what to gather, why it matters under the Texas Family Code, and how the team at Turner-Monahan PLLC can help make the process clear and manageable.
For personalized advice, please contact Attorney Tyler Monahan, partner at Turner-Monahan, PLLC, to discuss your case.
Why Gathering Divorce Documents Matters
Every divorce involves facts: income, property, children, debts, and personal history. Judges and lawyers rely on documents to prove these facts. If you don’t have them, you risk delays, missing assets, or unfair outcomes in your marriage asset division.
When you prepare ahead:
- You save money and time with your divorce attorney.
- You strengthen your case during divorce proceedings.
- You reduce conflict in a contested divorce.
- You protect yourself from surprises.
Texas courts require full financial disclosure during the divorce process. That means both spouses must share information about what they own and owe. Having everything ready not only keeps you compliant with the law but gives your attorney the tools to protect what matters most to you.
Personal and Marriage Documents
Start with the basics. These are required to prove identity, marriage, and jurisdiction:
- Marriage certificate
- Birth certificates for all children
- Driver’s licenses, Social Security cards, passports
- Any prenuptial or postnuptial agreements
- Prior divorce decrees or separation orders
- Proof of residency, such as utility bills or lease agreements
Why it matters:
Texas Family Code §6.301 requires that at least one spouse must have lived in Texas for six months and in the county for 90 days before filing. Without proof, your divorce could be delayed or dismissed.
Financial and Asset Documents
Texas is a community property state, which means everything acquired during the marriage belongs to both spouses unless it qualifies as separate property.
You’ll need:
- Bank and credit card statements for the past 2 years
- Pay stubs, W-2s, 1099s, and tax returns (at least 2–3 years)
- Retirement account balances (401k, IRA, pension)
- Mortgage papers, home appraisals, and deeds
- Car titles, loan statements, and insurance documents
- Business ownership records, if applicable
- Lists of debts: personal loans, student loans, credit accounts
Why it matters:
Under Texas Family Code §7.001, the court must divide community property in a “just and right” way, not always 50/50. To make that possible, your DFW divorce attorney or Cleburne family law attorney will rely on detailed records to show what’s fair.
If you own a business, have multiple properties, or deal with investments, your case may also involve valuation experts and accountants. That’s where an experienced Texas divorce attorney or divorce law firm becomes essential.
Child-Related Documents
If children are involved, you’ll need:
- Birth certificates
- School enrollment and attendance records
- Medical and insurance documents
- Proof of childcare expenses
- Records showing involvement in extracurricular activities
- Communication logs if there are custody concerns
These records help determine custody and child support. The Texas Family Code prioritizes the best interest of the child (§153.002), so documentation showing stability, parenting involvement, and financial capability will matter in family court.
If you’re dealing with complex parenting schedules or custody disagreements, hiring a family court lawyer or family divorce lawyer is the safest path forward.
Spousal Support and Maintenance
In Texas, “alimony” is called spousal maintenance. It’s not automatic. To qualify, you must meet certain conditions.
Texas Family Code §8.051 outlines eligibility, for instance, if:
- The other spouse committed family violence within two years before filing, or
- You were married 10 years or longer and lack the ability to earn enough income for basic needs.
Gather:
- Proof of income and expenses for both spouses
- Records showing job training, medical limitations, or caregiving duties
- Any documentation of family violence is relevant
A spousal maintenance attorney will use these documents to argue your eligibility and ensure any payments are fair.
Agreements and Special Circumstances
If you and your spouse already have a prenuptial or postnuptial agreement, make sure to provide it to your attorney. Texas Family Code §7.006 allows couples to enter into written property division and maintenance agreements that become binding if the court finds them “just and right.”
Example:
If a couple signed a postnuptial agreement stating one spouse keeps the business while the other receives a larger share of real estate, that document could save months of argument. Your postnuptial agreement services provider or prenup lawyer can help verify if it’s valid and enforceable.
Real-Life Scenarios
Scenario 1:
A couple divorcing after 20 years discovers that one spouse withdrew money from joint accounts. Because the other spouse had saved all bank statements, the divorce attorney’s Fort Worth free consultation helped identify hidden withdrawals and recover those funds.
Scenario 2:
A small business owner going through a high-net-worth divorce gathers tax returns and payroll records early. Their top divorce attorney uses this to value the business accurately, preventing overpayment in the settlement.
Scenario 3:
A stay-at-home parent applying for maintenance provides medical bills, childcare expenses, and proof of job applications. Their family law attorney in Texas uses those documents to show the need for support.
These examples show why detailed records can make or break your case.
Tips for Organizing Everything
- Create folders – one for each category (income, assets, children, etc.).
- Make copies – both paper and digital.
- Label everything clearly.
- Keep receipts and communication logs.
- Don’t hide anything. Courts can penalize spouses for concealing assets.
- Consult early. A divorce attorney near me can tell you what you’re missing.
Turner-Monahan PLLC: Experienced Family Law Representation You Can Trust
At Turner-Monahan PLLC, we know that every divorce is personal. Our attorneys have guided families through thousands of cases over the past 50 years, from straightforward filings to complex divorce cases in Tarrant County, Texas, involving businesses, properties, and custody.
Schedule a free, no-obligation consultation with Attorney Tyler Monahan to discuss the details.
Disclaimer
The commentary and opinions are for informational and educational purposes only and are not intended to provide legal advice. You should contact an attorney in your state to obtain legal advice concerning any particular issue or problem. You can become a client and enter the attorney-client privilege only after hiring Turner-Monahan, PLLC, by signing a written retainer agreement.
