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.
Disclaimer