The following client decision list is intended to suggest some (not all) issues to be considered
Children Decisions
Parenting Options
- Sole custody and decision making by one parent
- Joint decision-making, but residence primarily with one parent
- Split residence and decision making
- Which decisions need mutual consent/discussion?
Access or Visitation?
- Weekdays/Weekends
- Holidays and long weekends
- School recesses
- Summer vacations
- Birthdays – Parents & children
- Other special occasions
- Telephone calls
- Notice of changes
- Expenses of missed times
Geographic Restriction
- Foreign travel
- Relocation with the children
Access to Records
- Doctors, dentists, etc.
- Schools and teachers
Notification of
- Addresses and phone numbers
- Illnesses and accidents
- Children’s whereabouts
Grandparent Visitation
Support Decisions
Child Support
- Amount
- Date of payment
- Cost of Living Adjustments
- Amount or reduction on emancipation of one child
Definition of Emancipation
- Age
- College
- Marriage
- Living away from home
- Employment
Extra Expenses
- College or private school Tuition
- Child care costs
- Summer camp/activities
- Extracurricular activities
Medical
- Insurance coverage
- Procedures for claims filing and reimbursement
- Payment for uncovered expenses
- Decisions on elective procedures, including orthodontia
- Dental, prescription, eyeglasses, psychotherapy expenses
Life Insurance
- Amount
- Duration
- Type
- Beneficiary
- Trustee for children
- Amount of cash value
Alimony
- Amount
- Cost of living adjustment
- Time of payment
- Duration
Health Insurance/COBRA Rights
Equitable Distribution
Real Estate (House or Apartment)
- If marital home is sold, who occupies until sale?
- Who pays expenses until sale on:
- Mortgage, taxes, utilities, insurance, repairs
Sale of House
- When?
- Age or graduation of children, remarriage or cohabitation
- Selling price: How to be determined?
- Option to buy
- Expenses of sale
- Division of proceeds
- Capital gains exposure
If marital home to be retained by one person:
- Who remains in house
- Valuation of home
- Division of value: lump sum and/or payout
Business Interests
- Method of valuation
- Division of value: lump sum and/or payout
Retirement Funds
- Valuation
- Division of value: lump sum and/or payout
Division of Personal Property
- Bank accounts and liquid assets
- Stocks, bonds, tax shelters
- Cars
- Jewelry
- Collectibles
- Household furniture
- Family photographs
Other Issues
Estate Waivers
- Effects of waivers
- Provisions for children of this marriage
Tax Returns
- Liability or refunds on past returns
- Future filings
- Child Dependency Exemptions
Costs of Divorce
- How to divide legal costs, filing fees and expert witness fees, including accountants, appraisers, etc.
