General List of Issues to be Resolved in Divorce
- Custody
- Physical—primary 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/transfer to juvenile court
- Extracurricular Activities/camps/holiday gifts/back to school clothes/computers, cell phone 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 23/instate rate/room and board/books/fees/costs/travel costs
- 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 Insurance Coverage/dental/optical/psychological
- Unreimbursed Medical Expenses—covered for how long for children
- Life Insurance/Long Term Disability Coverage/Long Term Care Policy
- presently in effect or to be obtained
- other parent or the child/ren directly or in trust as beneficiary
- choice of trustees
- cash value
- Pets/Horses/Breed Dogs and Cats/Livestock
- Flex Fund
- Business Interests/Domain Name
- Royalties
- Proceeds from a Pending Lawsuit
- 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
- Investment Real Estate/Timeshares/Commercial Property
- Private, Federal, State or Military Defined Benefit Retirement Pension Plan Annuities & Survivorship Rights, or Waiver
- TSP/401k/403b/401a Defined Contribution Accounts & Survivorship Rights, or Waiver
- Liquid Assets/Bank Accounts/IRAs/CDs/Mutual Funds/Stocks/Stock Options/Employee Stock Purchase Plans
- Bonds
- Safe Deposit Box Contents
- Prepaid Tuition Plans/UGMA, UTMA Custodial Accounts/529 Educational Accounts
- Country Club/Yacht Club Membership
- Household Furnishings and Collections, Jewelry
- Cars/Boats/Motorcycles/ATVs/Personal Watercraft/Campers/Aircraft
- Hotel/Frequent Flyer Points
- Debt/Credit Cards
- Filing Taxes—Refund or Liability/Exemptions/Child Care Credit/Capital Loss Carryover/Appropriate Withholdings
- Divorce Proceedings/Determination of Date of Separation/Attorney’s Fees
- Remaining Matters—is this everything
- 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