General List of Issues to be Resolved in Divorce
- Custody
- physical - sole or shared
- legal – sole or joint
- if shared physical custody - detailed custodial schedule, or scheduled by agreement
- Visitation
- detailed schedule, or scheduled by agreement
- holidays / birthdays / summer / telephonic / travel
- Child support / direct pay or withholding order / commencement date / arrears
- Extracurricular activities / camps / holiday gifts / back to school clothes / computers and electronics / tutoring / SAT preparation classes / driver’s education classes / car insurance / college application fees / senior year activities
- College / four years / bachelor’s degree / age limit / instate rate cap
- Alimony
- monthly amount, or reserve right to request in the future, or waive the right
- if payable - the amount, commencement and due dates, and whether the support is modifiable or nonmodifiable
- if payable - termination upon death, remarriage or cohabitation for a specified duration
- if a reservation, must a significant change in financial circumstances occur for a future request
- Health coverage / dental / optical / psychological
- Unreimbursed medical expenses
- Use of flex fund
- Life insurance / long-term disability coverage / long-term care coverage
- presently in effect, or to be obtained
- other parent, or the child/ren named directly or in trust as beneficiary
- free choice of trustee, or requirement to name the other parent as trustee
- cash value
- Former marital home
- exclusive possession
- mortgage payments
- mortgage interest deduction
- utility payments / normal maintenance and repair payments / extraordinary repair costs
- value for buyout or refinance, and by when
- sale if not refinanced by deadline, or short sale
- payment of recommended improvements
- list price / lowering of list price / acceptance of offer of 95% or lower any further encumbrance prohibited
- division of proceeds
- obligations of estate / death of a party
- contribution to moving expenses
- Household furnishings and collections / jewelry
- Investment real estate / timeshares
- Liquid assets / bank accounts / IRAs / CDs / mutual funds / stocks / stock options / bonds / cryptocurrency
- Prepaid tuition plans / 529 educational accounts
- Division of private, government or military defined benefit retirement pension plans & survivorship rights, or waiver
- Division of 401K / TSP or other defined contribution retirement accounts & survivorship rights, or waiver
- Business interests
- Cars / boats / motorcycles
- Pets
- Safe deposit box contents of value
- Debt / credit cards
- Filing taxes - refund or liability / exemptions / child tax credit / child care credit / appropriate withholdings
- Divorce proceedings / determination of date of separation / attorney’s fees.
- Any excluded matters not addressed or resolved
- Boilerplate language
- waiver of claim to estate, or preservation of right to inherit
- revocation of any powers of attorney
- protection from discharge in bankruptcy of obligations
- waiver, or preservation of request for attorneys fees in modification proceedings