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DIVORCE ISSUE CHECKLIST ISSUES
CHILDREN
- Child Support
- Custody: PHYSICAL - where the children live,
- Custody: LEGAL - who will make the important decisions in their lives such as religious training medical care and education.
- Parenting Time: Formerly referred to as "visitation." Where one parent is the primary custodial parent, parenting time refers to the schedule on which the non-custodial parent sees the children.
- College education for the children, removal from state
- Medical and dental expenses of the children
- Agreement to review child support (this can be raised at any time with the court without agreement)
- Income Tax deduction of the children; who will claim them
- Camps, vacations
- Special needs of children
- Religious training of children
- Children's Passport
- Children from former Marriage
PROPERTY
- Division of the marital home and any other real estate, including time shares
- Personal Property, division of this includes many items such as furniture, art and collectibles
- Retirement Benefits: Pensions, 401k, IRA's, QDRO's
- Vehicles, including trailers
- Boats
- Investments, savings, stocks, bonds, partnerships
- Life insurance policies, sometimes used for the protection of child support, alimony or property payments in case of death as well as dividing existing policies
- How do you protect the division of the property - security
- Taxable gains
- Exclusive possession of the Marital Home
DEBTS
- How acquired, who pays
- Income Tax liabilities
- Bankruptcy issues
- Attorney and expert fees after adjusted debts
- Foreclosure
MISCELLANEOUS
- Spousal Abuse
- Other marital torts, e.g. transmission of disease, misappropriation of marital assets, etc.
ALIMONY, SPOUSAL SUPPORT
- Length of time, if at all
- Medical insurance for the former spouse under COBRA. This typically is limited for up to three years from the entry of the divorce decree
- Life insurance
- Payment direct to spouse or thru Court
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