Divorce Checklist

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Many times people wonder exactly what issues will be addressed in their divorce.  This is a very difficult question to answer in a general article such as this as the true answer can only be found in the specifics of your individual case.  Say for instance you and your spouse have no children, but your friend who is also going through a divorce has two children.  You will not have to address child custody in your case, but your friend will.  That having been said, the following is a list of issues that will often be addressed in divorces.  Use this checklist for divorce issues as a starting point when you are planning meetings with your attorney, for organization and planning or simply to familiarize yourself with issues that you otherwise may or may not have to consider.
Children’s Issues
     Child Custody – either joint, shared or sole.
     Child Visitation
     Parenting Plan
     Child support
     Children’s extracurricular expenses
     Children’s education – private school and college
     Trust funds for children
     Children’s health care
     Restraints applicable to the children
     Credit for children on taxes
Property
     Disposition of marital residence
     Responsibility for debt on marital residence/other real property
     Responsibility for upkeep of marital residence/other real property
     Responsibility for taxes on marital residence/other real property
     Responsibility for real estate commissions
     Sale of marital residence/other real property
     Access to marital residence/other real property
     Titling of marital residence/other real property
     Valuation of marital residence/other real property
Personal Property
     Identifying property
     Preservation of property
     Responsibility of debt on property
     Division of property
     Replacement of property
     Titling of property
     Restraining orders applicable to marital residence/other real property
Debts
     Responsibility for debt
     Who incurred the debt
     Determining the debt
     Splitting joint debt
     Closing joint accounts
     Acquiring new credit
Businesses
     Valuing businesses
     Determining asset of business
     Determining good will of business
     Sale of businesses
     Ongoing operation of businesses
     Individual contributions to business
     Spouse employment issues at business
     Restraining orders applicable to business
Non-Marital Property
     Determining non-marital property
     Identifying non-marital property
     Determining marital portion (if any) of non-marital property
Bank Accounts and Financial Accounts
     Identifying accounts
     Valuing accounts
     Determining contributions to accounts
     Determining marital portion of accounts
     Dividing marital portion of accounts
     Titling of accounts
     Restraining orders applicable to accounts 

Retirement Accounts
     Identifying accounts
     Determining marital portion of accounts
     QDRO
     Other division of accounts
     Other assets in lieu of division
     Defined benefits v. Defined contribution
Insurance
     Health insurance
     Uncovered health insurance costs
     Life insurance
     Life insurance to secure other obligations
 Alimony or Spousal Support
     What kind
     How much
     How long
     Factors for termination
     Tax consequences
     Any bars to receipt
Pets
     Possession
     Time with pets
     Cost of pets
Restraining Orders
     Any needed
     Duration
     Mutual applicability
Attorneys’ Fees
     How much
     Individual responsibility v. spousal responsibility
Other Issues
     Counseling
     Future contact with former spouse
     Communications
     Mediation clauses

Remember this is not designed to be a comprehensive list, but more so a checklist for you to use as a reference.  Many of these issues may only have applicability on a temporary basis, but will have to be addressed never-the-less.   When you consult with an attorney licensed in your state, make sure to ask any questions you may have about these or other issues.

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