Ultimate Divorce Checklist

Here is a checklist of things to consider during a divorce:

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  • Planning

    • What Type of Professionals May I need?

      • Couples counseling

      • Individual therapy

      • Financial advisor

      • Divorce coach

      • Children’s specialist

      • Parenting coordinator

      • Mediator

      • Real estate appraiser

      • Business valuation expert

    • What legal process will be involved in my divorce?

      • Process choice

      • Negotiated agreement

      • Mediation

      • Collaborative divorce

      • Arbitration

      • Court

    • Budgeting

      • What is my budget (time, energy, emotion, money)

      • What is my monthly burn rate

  • Support

    • Spousal Support

      • Determine spousal maintenance amount and duration

      • Determine if a prenuptial or postnuptial agreement waives spousal support.

    • Child Support

      • Determine child support

        • Typically, 21 or later if a child is under a disability

    • Add on expenses: Calculate pro-rata obligations for:

      • Activities

      • Unreimbursed medical expenses

      • Education expenses

        • 529 accounts for your children's education

        • Private or Public

      • Life Insurance to cover future obligations

  • Parenting

    • Parenting Plan: Develop a parenting plan that addresses:

      • School evenings, weeknights, and weekends

      • Three-day weekends

      • School recesses (winter and spring)

      • Summer vacations

      • Holiday celebrations

      • Birthdays of parents/children

      • Mother’s/Father’s Day

      • Cell phone/e-mail/texting access to the children

      • Transportation between households

      • Travel away from home with the children

      • Etiquette (rules) for visits, cancellations

      • Changes to the schedule at future times

    • Decision Making: Determine if parents must agree, consult, or if one parent can take sole authority for decisions on:

      • Education

      • Extracurricular activities

      • Non-emergency or elective medical care

      • Religious upbringing

      • Childcare providers

    • Sharing Information: Determine:

      • Ways of exchanging information about the children

      • How to access documents from schools, activities, doctors, dentists, therapists, and other third parties

      • Use of parenting apps

    • Relocation: Establish rules or adjustments for changes to the children’s residence

    • Guardianship: Designate a guardian for the children in case both parents pass away

    • Significant Others: Discuss:

      • Connections with grandparents and other relatives

      • Introducing new partners to the children

  • ASSETS AND LIABILITIES DIVISION

    • Pre or Postnuptial Agreements: Determine whether pre or postnuptial agreements exist

    • Marital Balance Sheet: Make a marital estate statement; compile a list of assets and liabilities

    • Asset Valuation: Determine whether there are any assets to value:

      • Business(es)

      • Stock options, restricted stock units, and other hard-to-value investments

      • Personal property

      • Consider the earning capacity of each spouse to identify the necessity of spousal maintenance or child support

    • Separate Property: Identify any separate property:

      • Pre-marital property

      • Gifts

      • Inheritances

      • Property covered by an agreement that defines it as separate property

      • Gather proof of separate property

    • Debts: Identify all debts:

      • Mortgages

      • Credit Cards

      • Student Loans

    • Tax Implications: Determine any tax implications of the divorce and asset division

  • Attorney AND EXPERT FEES

    • Determine who will cover litigation expenses

    • Determine if you need your own expert or if you can agree on a neutral expert