The Checklist
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