Divorce is a major milestone in anyone’s life—it marks both an end and a beginning. While it’s natural to want to move forward, one question we hear time and time again is, “How long should I keep my divorce papers?” The short answer: indefinitely. Proper record-keeping isn’t just about staying organized—it’s about protecting yourself in the years to come.
At Holstrom, Block & Parke, we know family law inside and out. With over 300 years of combined experience and a team dedicated to helping clients through life’s transitions, we’re here to provide guidance on every step of the process, including what to do after the ink dries on your divorce decree.
Let’s break this topic down so you understand why it matters and how to stay prepared.
Types of Divorce Papers to Retain
The first step to staying organized is understanding which documents are worth keeping. Here are the key ones:
Final Decree of Dissolution of Marriage
This is the cornerstone of your divorce paperwork. Your final decree officially ends the marriage and outlines all legal agreements, including custody, support, and property division. Think of it as the ultimate reference for what’s been decided—and what’s enforceable.
Property Settlement Agreement
This document details how assets and debts are divided between you and your ex-spouse. From real estate to retirement accounts, having this agreement handy can save headaches if disputes arise later.
Child Custody and Visitation Orders
If children are involved, custody arrangements and parenting schedules are likely part of your divorce order. Keep these documents accessible to avoid confusion or potential disagreements about the agreed-upon terms.
Child and Spousal Support Orders
Support orders outline how much is paid, to whom, and for how long. These records are critical for both parties, whether you’re the one receiving or paying support.
Other Relevant Documents
- Prenuptial Agreements: If you had a prenup, it’s wise to keep it with your divorce papers.
- Court Orders: Restraining orders or other court-mandated directives are helpful documents to have on hand.
- Marriage License and Certificate: These might be required for future administrative needs.
- Financial Records: Documents like tax returns, property deeds, and bank statements tied to the divorce can be useful for tax filings and other legal or financial matters.
Reasons to Keep Divorce Papers Indefinitely
You may be wondering why these papers matter so much. Do you really need to hold onto these papers forever? Generally, it’s better to do so, and here are some key reasons why:
Legal Disputes and Modifications
Life changes, and with it, circumstances around custody, support, or other agreements. Keeping your paperwork ensures you’re prepared to address modifications or disputes quickly, clearly, and effectively.
Tax Purposes
Divorce impacts your tax filings, particularly in the years following the separation. Documents like property settlements and support orders can be essential for accurate reporting.
Remarriage
If you decide to remarry, proof of your divorce may be required. This is particularly important for legal applications such as marriage licenses.
Estate Planning
Divorce papers can play a role in creating wills, trusts, and other estate documents. They help ensure assets are distributed according to your current wishes.
Other Reasons
- Name Change Documentation: If you reverted to a previous name, you’ll need the divorce decree to update official records.
- Passport Applications: Some countries require proof of divorce for certain travel-related applications.
- Social Security Benefits: If claiming benefits based on a former spouse’s work record, you’ll need your divorce papers.
How Long to Keep Divorce Papers
While California doesn’t mandate a specific timeframe for retaining divorce documents, here are our recommendations based on the huge range of cases we’ve supported:
Hold Onto Them Indefinitely
In most cases, it’s best to keep your divorce papers forever. Life can bring unexpected twists, and having these documents ready can save you time and stress.
Addressing Statutes of Limitations
California has statutes of limitations for certain legal actions, such as modifications to support or custody orders. Keeping your paperwork ensures you have what you need to act within those timeframes.
Safe Storage of Divorce Papers
Once you’ve gathered your documents, the next step is ensuring they’re stored safely. Here’s how:
Physical Copies
- Fireproof Lockbox: Store your originals in a secure, fireproof lockbox at home.
- Safe Deposit Box: For an added layer of security, consider keeping important documents in a bank’s safe deposit box.
Digital Copies
- Backups: Create digital backups of all documents. Save them to multiple locations, such as cloud storage and an external hard drive.
- Easy Access: Organize files in labeled folders so you can quickly find what you need.
Original Documents
While digital copies are convenient, always preserve the original copies of crucial documents like your marriage license and divorce decree. Originals hold the most weight in legal settings.
Facing Divorce in California? Secure Your Future with Holstrom, Block & Parke!
Going through a divorce is very challenging, but knowing what to do afterward can help you move forward with peace of mind. At Holstrom, Block & Parke, we’re here to help you protect your future. From filing the initial paperwork to understanding how long to keep your records, we’re with you every step of the way.
With offices in Corona, Riverside, Temecula Valley, San Diego, Vista, and Newport Beach, we’re just a call away. Schedule a telephonic case assessment today by contacting us online or calling us at 855-426-9111. Let us help you take the next step with confidence.
