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Step 1
Make a list of all assets that you had at the time you were married. These are called "non-marital" assets. Each state deals with non-marital assets differently, for example, Kentucky allows non-marital assets to be awarded to the spouse who owned them, while Indiana* may not. However, it is important to identify these in order to maximize the chance that you will be awarded these items in the property settlement. This asset list should cover all personal property, vehicles, collections, gifts received, inheritance received, as well as cash on hand, investments, retirement account funds, and interests in business that you had or owned prior to saying "I do."
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Step 2
Make a list of all debts you had at the time you were married. These can be called "non-marital debt." Usually, the spouse who incurred the debt prior to marriage is responsible for the debt after marriage. However, if you and your spouse lived together prior to marriage or purchased real estate the debt may be able to be argued to be a joint debt. Leave this to your attorney to pursue.
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Step 3
Make a list of all assets that you, your spouse, or you both purchased after the date of your marriage. The list should include all property, such as furniture, vehicles, collections, jewelry.
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Step 4
Make a list of all assets that you, your spouse, or you both invested in after the date of marriage, such as retirement accounts, investments, stocks, bonds, or real estate.
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Step 5
Make a note regarding any non-marital assets (funds) that were used to purchase assets after marriage. You will have to trace these non-marital funds in order to successfully argue that a percentage of the marital assets is really non-marital.
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Step 6
Make a list of all marital debts - debts that accrued after the date of your marriage. If these are credit card debts, get copies of all credit card statements so it can be seen who charged the card and for what purpose. This may affect how the debts are allocated between spouses.
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Step 7
Gather all personal information about you, your spouse and your children, such as birth dates, social security numbers, places of birth, to be used in your court pleadings and your vital statistics filings.
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Step 8
Try to gather at least one statement for every account you and your spouse have, including bank accounts, retirement accounts, debts, utility bills, so you have up to date information on assets, debts and account numbers.
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Step 9
If you have had a history of domestic violence in your marriage, collect copies of all documents related to any police reports and court proceedings for your attorney to use early in your case.
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Step 10
If you and your spouse entered into a prenuptial or postnuptial agreement - make sure you have a copy of that document to give to your attorney.
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Step 11
You will need funds to use as a retainer for the attorney you hire to represent you. Plan ahead and save. Call around to at least three attorneys in your area to see what retainers they require. Keep in mind - most divorces are not "uncontested" and involve many issues of conflict - so be prepared to spend much more than the initial retainer from the start to finish of your court case.
