When you're going through a divorce - whether you do so using mediation, or the "traditional" way - there are a number of issues you and your spouse need to discuss and resolve. Here's a list of the the main issues divorcing couples need to consider. (Of course, not every issue may apply to you).
Parenting Decisions
"Legal" Custody and "Physical" Custody Decisions
- sole custody and decision making by one parent
- joint decision making, but the children reside primarily with one parent
- shared physical custody and joint decisionmaking
- split physcial custody and joint decisionmaking
- how to decide on the "major" issues concerning the children
-- their health, education, religion, major activities and general welfare
- how to decide on the "day-to'day" matters concerning the children
Access or Visitation Plan for the Noncustodial Parent
- weekdays and weekends
- holidays
- school vacations
- summer vacations
- birthdays - yours and theirs
- other special occasions - Mother’s Day, Father’s Day
- notice of changes to the schedule
- grandparent visitation
- telephone calls
- Mechanism for problem resolution regarding children
- changeover times and places
- transportation responsibility
Geographic Restrictions
- foreign travel
- relocating with children
Notifications
- addresses and phone numbers
- illnesses and accidents
- children’s whereabouts
Future Issues
- decision-making and conflict resolution
- any changes in parenting arrangements
- periodic review/changes in schedules
Your Assets
Your Home
- who will live there during the divorce
- how will pay the household expenses during the divorce
- what's your house worth
- what will you do with the house
-- sell it? If so, when?
-- In a certain number of years? When the children graduate?
When one party cohabits or remarries?
- will one party have the option to buy out the other
- how will you determine the selling price
- how to pay the household expenses until the sale
- how will you divide the sale proceeds
- how to deal with capital gains tax, if any
Your Retirement Funds
- identifying retirement assets
- valuing retirement assets
- dividing retirement assets
-- will you need a special court order (a "QDRO") to divide up a
retirement plan?
Business Interests
- Identifying and valuing business interests
- division of value
- any professional licenses?
Division of All Other Property
- identifying and valuing all other property, and deciding how to divide
-- bank accounts
-- investment portfolis
-- cars
-- jewelry
-- collections - art, coins, etc.
-- furniture and furnishings
-- sky miles
--inheritances
-- all other property
Your Liabilities
- identifying all debts, and deciding how they will be paid/divided
--credit card bills
-- loans
-- home equity loans
Support for The Children
Child Support
Review and application of the CT Child Support Guidelines
- amount of child support
- possible cost of living adjustments
- future modification
Nursery School/private school issues
College and Graduate School Tuition and Expenses
- whether one or both parties will save for college as the kids grow
- how to pay for college when the children attend
Medical Insurance and Expenses
- who will profive medical insurance
- how to pay for uncovered or unreimbursed expenses
- payment of extraordinary and elective procedures
- orthodontia
- dental expenses
Other Expenses for the Children
- summer camp
- extracurricular/extraordinarny activities
Alimony
- what is it for
- who will receive it
- how much
- how long
- modification of the amount or length of time
- will there be a cost of living adjustment
- health insurance for both parties
Life Insurance
- who will carry it
- what are you insuring
- in what amount
- beneficiaries
- duration
Taxes
- file joint or separate tax returns
- exemptions for children
- division of refunds, or payments due
- liability for deficiencies, penalties
- cost of audit
Other Issues
- religious divorce issues
- resolution of future disputes
- religion of children
733 Summer Street, Suite 302, Stamford, CT 06901 (203) 359-1999/Fax (203)348-7744
95 Old Ridgefield Rd, Wilton, CT 06897 (203) 563-9899
msegall@ctmediation.com
