The Power of Documentation in Divorce: What to Track Before You File in Michigan
When a marriage ends, emotions often run high. But while feelings may fuel the conflict, courts are only interested in facts. In Michigan divorce cases, particularly those involving high-net-worth individuals or contested custody, the person who comes to the table with clear, credible documentation is often the one who controls the narrative.
At Thacker Sleight, we regularly see the difference early documentation makes. We’ve represented executives who came to us with years of organized financial records, parenting logs, and key communications, and we’ve worked with clients who scrambled to gather basic information weeks into litigation. The contrast is clear. One client gains strategic leverage. The other plays catch-up.
If divorce is on your horizon—even if you haven’t filed yet—what you track and how you organize it can have a direct impact on the outcome. Here's what you need to know.
Why Proactive Documentation Matters in Michigan Divorce Cases
In Michigan, courts follow the principle of equitable distribution when dividing marital assets. This means the goal is fairness, not a 50/50 split. When determining spousal support, child custody, parenting time, or how to divide complex assets, the court relies on documentation—not opinions, not memories.
Strong records bring clarity. They reduce ambiguity and give your legal team the tools to advocate from a position of strength. Whether you are seeking to protect your business interests, establish a fair custody agreement, or challenge your spouse’s financial disclosures, documentation is often your best form of legal protection.
For clients with significant assets or income, the stakes are even higher. Delays, inaccuracies, or missing records can lead to costly missteps, unfavorable rulings, or drawn-out litigation.
Proactive documentation isn’t about building a case against your spouse. It’s about creating a clear, factual timeline of your financial and personal life so you can enter this process with confidence.
What Michigan Courts Consider Persuasive Evidence
Not all documentation carries the same weight in court. Judges are looking for records that are credible, consistent, and relevant to the issues at hand. Here are the key categories:
Financial Records
Michigan courts require full disclosure of income, assets, and debts. That includes bank statements, tax returns, investment accounts, retirement plans, business profit and loss reports, and outstanding liabilities. These documents are essential for calculating spousal support, dividing property, and ensuring fairness in the settlement.
Behavioral and Parenting Records
In custody and parenting time decisions, the court considers the established routine and caregiving patterns of each parent. Documentation might include shared calendars, school communications, medical appointments, and records of who handles daily responsibilities. Journals or logs that track time spent with children, or note behavioral concerns, may also be relevant.
Communication Records
Emails, text messages, and messaging app conversations can be persuasive, especially when they demonstrate patterns such as threats, manipulation, substance abuse, or refusal to co-parent. Courts are not interested in isolated outbursts, but repeated behaviors can influence custody decisions or support claims.
Lifestyle Evidence
Photos, receipts, and travel records may become relevant if there is a dispute over asset use, hidden spending, or a lifestyle inconsistent with reported income. For example, luxury purchases during separation or sudden changes in spending may raise red flags.
What to Start Tracking Now (Before You File)
Even if you’re not ready to file for divorce, now is the time to start gathering and organizing. Waiting until litigation begins can put you at a disadvantage, especially if your spouse controls most of the financial information.
Start with the essentials:
Tax returns for the past three to five years
W-2s, 1099s, and pay stubs
Personal and joint bank account statements
Credit card statements and loan documents
Retirement account balances and investment portfolios
Mortgage statements and property appraisals
Business ownership documents, profit/loss statements, and balance sheets
Insurance policies, including life, health, and disability
Track parenting and household routines:
If custody or parenting time may become a point of dispute, begin noting your daily involvement. Who gets the kids ready for school? Who attends doctor appointments? Who manages extracurricular activities or tutors?
Document incidents and concerns:
If there are behavioral patterns that may become relevant, such as alcohol abuse, emotional volatility, or controlling behavior, begin keeping a private log. Record dates, times, and objective observations. Focus on facts, not interpretations.
Preserve communications:
Save relevant emails or texts that may relate to finances, co-parenting, or behavior. If threats or coercive language appears in writing, do not delete these exchanges, even if they are upsetting. They can provide important legal context.
Tools and Tips for Staying Organized
Organization is just as important as documentation itself. A pile of screenshots or a disorganized folder of PDFs will not help your attorney build a compelling case. Structure and clarity will.
Here’s how to set yourself up for success:
Use cloud-based folders (Google Drive or Dropbox) with subfolders by category: Financials, Parenting, Communications, etc.
Create a shared spreadsheet to track monthly income, expenses, and major financial transactions.
Use secure apps like 1Password to store login credentials for accounts you may need to access later.
If journaling behavioral or parenting events, use a dated format and store your notes in a digital app like Evernote or a locked Google Doc.
Label documents consistently with clear names and dates (e.g., “2023 Q4 Bank Statement – Joint Chase”).
Keep physical copies in a secure file cabinet or encrypted external drive as a backup.
Importantly, do not access your spouse’s private email, phone, or accounts without consent. Evidence obtained illegally may be inadmissible or lead to legal repercussions of its own.
Documentation as Leverage in High-Stakes Divorce
In high-conflict or high-asset cases, the spouse with superior documentation often shapes the narrative. When one party controls the majority of the financial information, the other is left playing defense. Meticulous records can level the playing field.
We’ve represented clients whose documentation revealed hidden income streams, unreported bonuses, or spending that contradicted sworn disclosures. In other cases, parenting logs helped demonstrate consistent caregiving when the other parent claimed disinterest or neglect.
Documentation doesn’t just serve the courtroom. It becomes your leverage point in negotiations, mediation, and settlement discussions. The clearer your case, the more power you have to pursue favorable terms.
Conclusion: Start Now, Not Later
Divorce is a legal process. That means it’s driven by documentation, not emotion. By organizing your financial and personal records early, you give yourself a distinct advantage, one that can lead to faster resolutions, stronger positions, and more equitable outcomes.
Whether you’re preparing for a potential filing or simply want to better understand your legal options, the attorneys at Thacker Sleight can help. We offer confidential strategy sessions and can provide a customized documentation checklist tailored to your specific situation.