Going through a divorce: your papers and photos
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What to do
Papers to gather in the US: California’s example
States differ, so check your own court’s self-help pages. California’s courts say both people in a divorce share financial information. You share yours within 60 days of filing your first court form.
- Gather your tax returns from the last 2 years.
- Gather proof of income from the past 2 months, like pay stubs.
- Gather papers that show what you own and what you owe. These papers can be bank, mortgage, credit card and retirement statements, and the titles to a house or a car.
- Make copies of everything.
- Keep the originals in a safe place.
Papers to gather in Canada
Justice Canada says provinces and territories run the divorce process, with their own forms. Justice Canada says a lawyer can explain which documents your court needs.
Does child support depend on your income? Justice Canada says to provide your income tax returns and your notices of assessment for the 3 most recent tax years. You may also need a recent pay slip. Justice Canada says you give the other parent copies of any documents you give the court.
Papers to gather in England and Wales
To apply for a divorce, gov.uk says you need your original marriage certificate or a certified copy. You also need proof of any name change. Scotland and Northern Ireland have their own routes.
If a court decides your money and property, gov.uk says you fill in a form called Form E. You also collect mortgage or rental agreements, pension documents, loan agreements and proof of your salary. The notes on Form E say to attach copies. The notes also say to keep the originals, so the other person and the court can inspect the originals.
For custody or parenting time
California’s courts say documents that support your case can include school grades, a letter from a counselor or your work schedule. A witness can write and sign a statement. Black out private details, like account numbers, on anything you attach.
Alaska’s courts say evidence can include photographs and records, such as medical records, bills and school report cards. Alaska’s courts say to bring new copies to a trial.
In Canada, Justice Canada says to put a parenting plan in writing, so there’s a record of what you decided. In England and Wales, gov.uk says you can write down a child arrangements plan if you want a record.
Don’t hide, delete or change anything
In California, once the court papers are served, a court order says neither spouse can hide, sell or give away money or property. The full list is on page 2 of the Summons, form FL-110. California’s courts also say to be honest and complete. If you hide information, the court can take away property you didn’t list, or fine you.
Some courts order people to keep records. In Travis County, Texas, the courts order both spouses in every divorce not to conceal or destroy any record. The order counts photographs, calendars, journals, emails, text messages and files in cloud storage as records. The order also says not to change a record’s format or metadata, the details stored with a file. Denton and Tarrant Counties in Texas have similar orders.
Your court may have its own orders. Read every order you get, and ask a lawyer before you move, delete or change anything.
Keep to your own phone and accounts
Don’t go through someone else’s phone or accounts, even if you know the passcode. The Travis County order says not to access the other person’s email, bank, social media or other online accounts. The order also says not to illegally record the other person’s calls or messages.
Ask a lawyer how to get a paper you can’t reach. In California, for example, both people share financial information as part of the case.
Keep a copy in Underlock
Underlock is coming soon to the App Store. Here’s how it will work.
Underlock is only somewhere to keep copies, in a vault on your iPhone. A copy isn’t a way to keep anything from a court. Underlock doesn’t change the law, and a court can still ask for what you keep.
Importing puts a copy of each photo in your vault. Keep the originals where they are until a lawyer or the court says otherwise.
- In Underlock, tap the Add button (a plus sign), then Import from Photos or Import from Files.
- Choose what you want in your vault.
- Keep Underlock open until the import finishes.
- When Underlock asks Remove the originals from Photos?, choose Keep. For a file, Underlock asks Remove the original from Files? Choose Keep there too.
Need to send a copy to your lawyer? Open the file, then tap Share. Underlock asks first, because a shared file leaves your vault and is no longer encrypted. Underlock takes the location off a shared file unless you say otherwise. To leave the location on the file, turn off Remove location. Then tap Share.
Underlock can’t say whether a copy counts as evidence, or what a court will accept. Ask a lawyer or your court’s self-help center.
What Underlock does
- Somewhere to keep copies. Your vault holds copies of your papers and photos, encrypted on your iPhone before they’re saved.
- A separate lock. Your vault opens with your own pattern, a shape you draw on a grid of dots, not your iPhone passcode or Face ID.