Decisions Made During a Divorce

Thinking about just one decision during a divorce can be overwhelming, let alone thinking about the many decisions you will ultimately have to make.

This checklist provides a list of major decisions commonly made during divorce.  The checklist is not comprehensive, but provides a good framework for what many divorce agreements consist of.  If you have any questions about how to decide any of the issues below, feel free to contact Andrew R. Fischer : Divorce lawyer.  I’m always happy to set up a free, in-person consultation for potential clients.

PARENTING DECISIONS

Residency & Legal Custody

• Sole custody? Decision making by one parent
• Joint legal custody? Decision making by both parents, but reside mostly with one parent
• Split residency and joint decision making?
• Activities needing mutual consent or discussion?

Access or Visitation

• Weekends
• Weekdays
• Holidays and long weekends
• School recesses
• Summer vacations
• Birthdays – yours and theirs
• Other special occasions
• Notice of Changes
• Expenses of missed times
• Telephone/Video access

Geographic Restrictions

• Foreign travel
• Relocating with children

EQUITABLE DISTRIBUTION DECISIONS

Real Estate (House or Other)

• Who occupies until sale?
• Who pays expenses until sale?
• Mortgage
• Taxes
• Utilities
• Insurance
• Repairs
• Sale of house:
  • When age or graduation of children, remarriage, cohabitation
  • Selling price and how to determine
  • Division of proceeds
  • Option to buy
  • Expenses of sale
  • Capital gains tax

Retirement Funds

• Valuation
• Division of Value – lump sum, pay-out, or both

Division of All Other Personal Property

• Bank & Brokerage Accounts
• Bonds/Savings Bonds/Stocks
• Cars & Trucks
• Collectibles
• Family photographs
• Frequent flyer miles
• Household furniture
• Jewelry
• Recreational vehicles/boats
• Season tickets

Business Interests

• Valuation
• Division of value: lump sup, pay-out, or both

Debts & Liabilities

• Who is to pay
• Credit cards
• Car loans
• Bank loans
• Pension loans
• Life insurance loans

SUPPORT DECISIONS

Child Support

• Amount
• Time of payment
• Emancipation
• College
• Marriage
• Living away at college
• Employment
• Cost of Living Adjustments
• Child care expenses for working
• College or private school tuition
• Summer camp
• Extracurricular activities

Medical

• Who provides insurance?
• Who pays uncovered expenses?
• Decisions on elective procedures, including orthodontic
• Who files for insurance?
• Dental, prescriptions, glasses, psychotherapy expenses

Life Insurance

• Amount
• Type
• Beneficiary
• Trustee for children
• Duration
• “COBRA” rights

Alimony

• Amount
• Time of payment
• Duration
• Cost of living adjustment
• Health insurance, including COBRA

OTHER DECISIONS

Income Taxes

• Exemptions for children
• Joint or separate return and division of refunds
• Audits of previous returns and payment deficiency

Future Disputes

• Mediation
• Arbitration
• Legal fees

Miscellaneous

• Grounds for divorce
• Religious divorce
• Wills
• Pets
• Accrued Vacation/Sick Pay
• Social media (e.g. Facebook Status)
• Changing surname
• Other?