Divorce is a significant life event, leaving behind a trail of paperwork that can feel overwhelming. Knowing how long to keep your divorce papers is crucial for both legal and financial reasons. This guide will provide clear answers, addressing common concerns and offering expert advice.
How long should you keep your divorce decree?
This is the most important document from your divorce. It's the legally binding agreement outlining the terms of your separation, including child custody, child support, alimony (spousal support), and property division. You should keep your divorce decree indefinitely. This document may be needed for years to come, particularly if:
- Child support or alimony payments are involved: You'll need the decree to prove the legal basis for these payments.
- Property disputes arise: The decree clarifies ownership and can help resolve future disagreements.
- Name changes are relevant: You'll need the decree to legally change your name back or reflect any changes made during the process.
- Future legal matters: You may need the decree as evidence in subsequent legal proceedings.
What other divorce papers should I keep, and for how long?
Beyond the final decree, several other documents are important to retain, though the retention period might vary:
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Financial documents (bank statements, tax returns, etc.): These are vital during the divorce process to demonstrate your financial status. Keep these for at least three to seven years, especially if they were used in determining alimony or property division. The IRS requires keeping tax records for this length of time. Beyond that, consider your state's statute of limitations for potential tax audits.
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Legal correspondence: Letters, emails, and other communication with your lawyer or the opposing party should be kept for at least three years, though keeping them longer offers a more comprehensive record.
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Property appraisals: If property was divided as part of the divorce settlement, keep appraisals for at least three to seven years. These documents support the valuation used in the final agreement.
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Parenting plans: If you have children, keep the parenting plan indefinitely. This document dictates schedules and decision-making processes.
Frequently Asked Questions (FAQ)
Here are some frequently asked questions about keeping divorce papers:
How long should I keep tax returns related to my divorce?
You should keep tax returns related to your divorce for at least seven years, in accordance with IRS guidelines for maintaining tax records. This is especially crucial if you used tax returns as evidence during the divorce proceedings.
Do I need to keep all the drafts and preliminary documents from my divorce?
While the final signed documents are essential, you can likely discard drafts and preliminary versions of your divorce papers after a year or two. These are typically superseded by the final documents and are unlikely to be needed later.
What if I have a digital copy of my divorce papers? Is that sufficient?
Having a digital copy is convenient, but it’s always best practice to keep a physical copy of your divorce decree in a safe place. Digital files can be lost, corrupted, or inaccessible. Storing both physical and digital copies is recommended for redundancy.
Can I destroy my divorce papers after a certain period?
After the recommended retention periods (as outlined above), you can likely discard some documents. However, the divorce decree itself should be kept indefinitely. Carefully review your specific circumstances and legal situation before destroying any papers.
What happens if I lose my divorce papers?
Losing your divorce papers can create significant complications. If this happens, you should immediately contact your lawyer or the court that handled your divorce to obtain certified copies of the relevant documents.
This information is for general guidance only and does not constitute legal advice. It is always recommended to consult with a legal professional for advice specific to your situation and jurisdiction. They can help you understand the specific requirements and best practices for managing your divorce paperwork.
