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Decisions to be Made in Divorce
(provided by Ann O'Flanagan, Esq.)

PARENTING DECISIONS

RESIDENCY & LEGAL CUSTODY:

Sole custody and decisions making by one parent
Joint decision making but reside mostly with one parent
Split residency and joint decision making

Activities needing mutual consent or discussion

ACCESS OR VISITATION:

Weekends
Weekdays
Holidays and long weekends
School recesses
Summer vacations
Birthdays - yours and theirs
Other special occasions
Notice of changes
Expenses of missed times
Telephone calls.

GEOGRAPHIC RESTRICTIONS:

Foreign travel
Relocating with children

ACCESS TO RECORDS:

Doctors, dentists, etc.
Schools and teachers

NOTIFICATIONS OF:

Addresses and phone numbers
Illnesses and accidents
Children's whereabouts

GRANDPARENTS' VISITATION:

REAL ESTATE (HOUSE OR OTHER)

Who occupies until sale
Who pays expenses until sale:

Mortgage
Taxes
Utilities
Insurance
Repairs


Sale of house:

When - age or graduation of children, remarriage, cohabitation.
Selling price - how to determine
Division of proceeds
Option to buy
Expenses of sale
Capital Gains tax

RETIREMENT FUNDS:

Valuation
Division of Value - lump sum, pay-out or both

DIVISION OF ALL OTHER PERSONAL PROPERTY:

Cars
Boats
Jewelry
Household furniture
Bank accounts
Stocks, bonds, tax shelters, etc.
Collectibles
Family photographs

BUSINESS INTERESTS:

Valuation
Division of Value - lump sum, pay-out or both

DEBTS & LIABILITIES

Who is to pay
Credit cards
Car Loans
Bank Loans
Pension Loans
Life Insurance Loans

CHILD SUPPORT:

Amount
Time of payment
Amount of reduction on emancipation

Emancipation:

College
Marriage
Living away
Employment


Cost of Living Adjustments

Child Car expenses for working
College or private school tuition
Summer Camp/activities
Extracurricular activities

MEDICAL:

Who provides insurance?
Who pays uncovered expenses?
Decisions on elective procedure, including orthodontia
Who files for insurance?
Dental, prescriptions, glasses, psychotherapy expenses?

LIFE INSURANCE:

Amount
Type
Beneficiary
Trustee for children
Duration

MAINTENANCE (formerly alimony):

Amount
Time of payment
Duration
Cost of Living Adjustments
Health insurance, including "Cobra" rights

OTHER DECISIONS

INCOME TAXES:

Exemptions for Children
Joint or separate return and division of refunds
Audits of previous returns and payment of deficiency

FUTURE DISPUTES:

Mediation
Arbitration
Legal Fees

MISCELLANEOUS:

Religious divorce
Wills

Information provided by:
Ann O'Flanagan located at
http://www.divorcesource.com/NJ/oflanagan.html

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