Checklist of Issues to Discuss with Divorce Client

Issues Regarding Children

Custody and decision-making

Sole custody and decision-making by one parent
Joint decision-making but residence primarily with one parent
Split residence and decision-making
Decisions that need mutual consent or discussion

Geographic restrictions

Foreign travel
Relocation with the children

Access to records

Doctors, dentists, etc.
Schools and teachers
Extracurricular activities

Notification

Addresses and phone numbers
Illnesses and accidents
Children’s whereabouts

Access and parenting time

Weekdays
Weekends
Holidays and long weekends
School recesses
Summer vacations
Birthdays—parents’ and children’s
Other occasions
Telephone calls
Notice of changes
Expenses of missed times
Grandparenting time

Support Decisions

Child support

Amount
Date of payment
Cost-of-living adjustments
Sharing costs of activities
Exchange of income documents

Definition of emancipation

Age
Graduation dates from high school
College

Life insurance

Amount
Provided by one or both parents
Type and name of insurer
Beneficiary
Trustee for children
Term of coverage
Health insurance, COBRA rights, and ACA rights

Extra expenses

College or private school tuition
Child care costs
Summer camp or other activities
Extracurricular activities

Medical

Insurance coverage—who provides
COBRA rights
Procedures for claims filing and reimbursement
Payment for uncovered expenses
Decision on elective procedures, including orthodontia
Dental, prescription, eyeglasses, psychotherapy, etc.

Spousal support

Amount
Cost-of-living adjustment
Time of payment
Duration
Review of income

Equitable Distribution of Property

Real estate

Mortgage
Taxes
Utilities
Insurance
Repairs
Retention of property by a party
Obtaining appraisal
Valuation
Division of value—lump sum or payout
Options of short sale, deed in lieu of foreclosure, and foreclosure (if property is worth less than mortgage and equity loans)
Plan for paying a shortfall

Sale of house

Date of sale
Age or graduation of children
Remarriage or cohabitation
Determination of sale price
Occupancy of home until the sale
Home expenses until the sale
Option to buy
Expenses of the sale
Work needed to make the house ready for sale
Division of proceeds
Capital gains consequences

Division of personal property

Bank accounts and liquid assets
Stocks, bonds, tax shelters
Cars
Jewelry
Collectibles
Household furniture
Family photographs

Business interests

Method of valuation
Division of value—lump sum or payout

Retirement funds

Valuation
Preparation of QDRO/EDRO
Early retirement benefits
Cost-of-living adjustment
Survivor benefits

Other Issues

Estate waivers

Effect of waivers
Provisions for children of this marriage

Tax returns

Liability or refunds on past returns
Filings due but not completed

Costs of the divorce

Division of legal fees, professional fees, and filing fees

Budget

Have each party prepare one early

Payment of other professionals

Mediator
Parenting specialist
Accountant/Financial specialist
Debt counselor
Bankruptcy lawyer
Appraiser