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Listed below are basic issues to be resolved in your divorce and discussed with your spouse. Please be advised that negotiations of these issues are not part of a NON-CONTESTED NO-FAULT DIVORCE. The list is general in nature and is not intended to cover all issues that may come up in your divorce case. These issues should be discussed with your attorney. Not all items apply to all cases.

Children

  • Child Support
  • Custody:
    • Physical - where the children live,
    • Legal - who will make the important decisions in their lives
  • Partial Custody: What you and I call visitation; how much time the non-custodial parent will spend with the children
  • Grandparents visitation, transportation
  • 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

  • Spouse abuse

Alimony, Spousal Support

  • Length of time, if at all
  • Medical insurance for the former spouse under COBRA. This 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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A couple can come to their own agreement about property settlement, which the court will generally accept. The Pennsylvania court will decide if either spouse is entitled to alimony, based on age, physical and mental condition, earning potential, duration of the marriage and standard of living. The court decides the duration of alimony, but support ends automatically if the one receiving it remarries or cohabits.
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