Income Disclosure Documents

• You're usually required to submit income statements, including your W-2 forms and 1099 forms, from the previous two tax years. You must also include corresponding copies of your federal and state tax returns from those years. These documents are necessary to establish your current financial situation and how much income you contributed to the marriage. The court may require you to explain any deductions from your paychecks over this period not related to federal taxes, state taxes, Social Security or Medicare. You must also include any documentation relating to joint retirement funds. Your spouse may retain rights to a portion of the retirement fund in divorce.
  
  

List of Creditors

• A full list of your creditors' names and the amounts owed is required, along with your other financial information. The court needs these documents to conduct a fair and equitable distribution of your marital debts. Some states, including California, consider debts incurred over the course of the marriage marital property, and split the debts evenly. Other states, including New York, attempt to divide marital debts in proportion to each spouse's income level. This ensures each spouse only takes on debt which carries a reasonable expectation of repayment.
  
  

Asset Disclosures

• A full list of your assets, including all real estate holdings, business property and even cars, is necessary during a divorce proceeding. If these assets were accumulated over the course of the marriage, your spouse may have a claim to a portion of the equity in each asset. The fair division of these assets often comes down to one spouse receiving the asset, with the other receiving a cash payment from the spouse who took possession of the property.
  
  

Withholding Financial Information

• If your spouse is refusing to make a full disclosure of his finances, you may petition the court to require him to provide the necessary documents. If the court agrees with your position, a subpoena is issued to compel your spouse to provide the documents, under penalty of contempt of court. If a judge finds your spouse in contempt of court, he could incur a fine and possibly, jail time.