After a divorce, you may be tempted to get rid of everything that reminds you of your ex-spouse. That includes the original marriage certificate, settlement agreement, and various other documents. Seeing that paperwork might encourage you to reflect on the events that caused your marriage to fail. Depending on the circumstances, this can release emotions you might otherwise like to keep in check.
Having said that, it is critical that you resist the temptation to discard everything, at least when it comes to important documents. Getting rid of them may make it difficult to enforce the terms of your settlement agreement, including obtaining agreed-upon payments for child and spousal support. It can also cause other avoidable headaches down the road.
Below, we’ll provide a list of the most significant documents to keep after your divorce has been finalized. It is important to have ready access to them in the event you need them in the future.
Marriage License And Certificate
The marriage license is the document that authorized you and your spouse to get married. You likely applied for the license prior to your wedding. The marriage certificate is the document that affirms you and your spouse were married. It should have been filed with the county clerk following your wedding.
It is important to keep copies of both. That way, you have proof of when you actually married your ex-wife or ex-husband. You should also keep a copy of your divorce decree since it displays the date on which your divorce was made final. If you were married for 10 years or longer, you may be eligible to receive Social Security benefits based on your ex-spouse’s record. (There are other eligibility requirements, which can be found at SSA.gov).
Child Support And Spousal Support Payments
If your settlement agreement specifies that you are to receive a certain amount of money each month for alimony or child support, keep copies of the checks. If payments are missed, you’ll be able to easily reconstruct a paper trail that shows the months missed and the amount of money due for those months.
This makes it easier to resolve the matter without asking the courts to intervene. Ex-spouses oftentimes forget to send an occasional payment. Presenting copies of the checks may be all that is needed to correct the oversight.
In the event your ex-husband or ex-wife wants to make child support and alimony payments in cash, keep a detailed log of the payments. To establish an official record, you should also create a receipt for them, which you sign. Your ex-spouse should retain the receipts as proof the payments have been made.
All Financial Statements
If you are paying or receiving alimony and child support, you may have reason in the future to ask the court to modify the original payment terms. A change may be warranted to reflect a cost of living increase, a change in employment status, a disability, or many other factors.
When a modification is requested, the attorneys for both parties typically ask for several years of financial statements from the ex-spouses. This includes monthly bank statements, annual tax returns, and even statements from your credit card issuers. If you have an IRA, 401K, or any other type of retirement account, you’ll be asked to supply statements for it, as well.
If you keep your financial statements, you’ll have easy access to them in the event you are required to supply them. Otherwise, you may need to contact your bank (or banks), credit card issuers, and investment companies to request several years of statements. You’ll also need to contact the IRS and tax board for your state to obtain your tax returns from past years.
This can take substantial time. In addition, some financial services companies require a fee for retrieving and sending years’ worth of statements via the mail.
Settlement Agreement From Your Divorce
Because your settlement agreement includes details involving child custody, child and spousal support, and the division of the marital property, it is important to keep it. You’ll need to present it to the court if you request a change to any aspect of the original settlement. If you have a copy of the agreement in your possession, you’ll be able to avoid the time and expense of tracking it down via the clerk of the court.
Retaining the above documents will prove useful in numerous circumstances, particularly those involving child support and spousal support. Keep them in a safe place. When the time comes to retrieve them, you’ll avoid the stress that comes with scrambling to obtain them under pressure.
If you would like to learn more about the procedure for an uncontested divorce in the state of Virginia contact Ephraim Law today.