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?
