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Decisions to be Made in Divorce
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

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

  • 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

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

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

  • Religious divorce
  • Wills

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