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ENSURING YOU HAVE ACCESS TO CRUCIAL DIVORCE DOCUMENTS
In various situations such as remarriage, many states and countries require individuals to provide a copy of their divorce papers to obtain a new marriage license. Additionally, keeping copies of divorce-related paperwork is beneficial for tax purposes, child support, and spousal support. Here are the essential documents to retain after a divorce:
- Final Judgment of Divorce (Divorce Decree): The final judgment of divorce, also known as the divorce decree, is an official court order that grants the termination of a marriage. If the divorce is contested and proceeds to trial, a judge issues a judgment, which is confirmed upon signing and dating the decree by the family court judge and clerk of court. This document includes the resolution of divorce-related matters such as custody, visitation, child support, spousal support, and the division of assets and debts. It is advisable to obtain at least one court-sealed copy of the divorce judgment to verify its authenticity. Certain agencies like the Social Security Administration or your state’s division of motor vehicles may require a sealed copy in the future.
- Appraisals: Divorce proceedings involve the division of assets, including property. Therefore, obtaining appraisals of real estate owned by either or both spouses is essential for determining the property’s value during the divorce property settlement. Such appraisals are commonly referred to as divorce appraisals. Other assets like retirement accounts (e.g., pensions, 401(k)s) may also require appraisal. In cases where the non-owning spouse is entitled to a portion of a retirement account, a court may order a Qualified Domestic Relations Order (QDRO) to safeguard their interests. It is crucial to keep track of appraisal documents to facilitate the equitable division of assets.
- Financial Documents: Divorces involve mandatory preliminary disclosures and a discovery process where spouses exchange pertinent information and financial documents required for property division and determining financial support. Relevant financial documents include tax returns, canceled checks, bank statements, and credit card statements. Keeping track of these financial records is crucial for tax purposes and when paying or receiving child or spousal support. It is important to be prepared in case one spouse seeks a modification of support. Having the necessary paperwork to demonstrate the financial situation at the time of the order will expedite this aspect of the process.
- Other Documents: If you provided a marriage certificate to the court during the divorce, ensure you retrieve it. If the marriage lasted more than ten years, there may be eligibility for one spouse to collect the other spouse’s Social Security benefits. In such cases, the Social Security Administration will require a copy of the marriage certificate to verify the duration of the marriage. It is also essential to retain copies of court orders issued during the divorce, including temporary child or spousal support and temporary custody or parenting time. Having these documents readily available can help address any future issues related to these matters.
LOCATING DIVORCE RECORDS IN TEXAS
In Texas, divorce cases fall under family court jurisdiction, and relevant documents are typically filed and kept in the county clerk’s office. To obtain divorce or marriage records in Texas, interested parties must go through the Texas Department of Health and Human Services (TDHHS). The TDHHS provides a list of county clerks, registrars, and local record issuers through their records website. Divorce records can also be accessed online via the Texas Vital Statistics verification website or the Report of Divorce or Annulment Indexes on the TDHHS website. Government public record search portals and third-party public record websites offer court records search tools to assist in locating divorce records.
WHAT DO LAWYERS DO WITH DOCUMENTS?
When you engage the services of an experienced law firm like The Law Office of Elena Vlady, managing your legal documents becomes more convenient. We ensure you stay informed throughout the entire process, making it easier for you to remember which documents need organization. We also simplify the process of preparing the required documents for your case. Specific documents aid in presenting your case during the divorce proceedings, increasing the likelihood of a favorable outcome. The court needs a clear understanding of the financial circumstances surrounding the divorce to consider factors like child support, alimony, and property division. We will assist you in keeping track of documents related to income, real estate, joint financial accounts, life insurance, marital debts, pension funds, and automobiles. By ensuring your paperwork is well-managed, the divorce process will feel less stressful.
To learn more about how The Law Office of Elena Vlady can assist in organizing your divorce process and associated documents, please call us at (512) 710-5652 or contact us online.