Issues to be Resolved

Who will be the custodial parent?
What visitation rights will be established for the nonresidential parent?
Will there be any restriction on where the custodial (residential) parent may move with the children?
How will major decisions be made which affect the child(ren’s) health, education or welfare?
If transportation costs are involved in the non custodial parents visitation with the child(ren), who is responsible to pay them?

What disposition will be made of the home? (will it be sold immediately, will one of the parties deed his/her interest in it to the other, or will one of them have rights to live in the home, if so for how long?)
If one of the parties will have the right to live in the home for a period of time, will he/she have the right to rent any portion of the home or allow any other person to live there? If rent is received, who will have the right to keep it?
If one of the parties will have the right to live in the home for a period of time, will that right be affected by that party’s remarriage or be his/her living in the home as if married with another person?
If the home is to be sold, how are the proceeds to be divided between the parties?
If the parties cannot agree upon the terms of sale, e.g., price, broker, etc., how will this be determined?
Who will be responsible for ordinary maintenance and carrying costs of the home until it is sold?
Who will be responsible for major repairs and the costs of preparing the home for sale?
If and when the house is “sold”, will either party have a first option to buy it?
Who will be entitled to deduct interest and taxes for income tax purposes?
Who will be responsible for any income (capital gains) taxes associated with the sale of the home?

Who will have the right to continue to occupy the marital residence?
Who will be obligated to pay the rent and other costs in the future?
What will happen with the security deposit?
Will the spouse who moves out of the rental property have an obligation to join with the one who stays in the marital residence in renewing the lease if the landlord will not renew it without his/her signature?

What debts, other than business or mortgages on their home, do the parties have?
Who will be responsible for the payment of each debt?

How will the furniture, household furnishings and other items of personal property be divided?
How will the checking and savings accounts, either in joint or individual names, be disposed of?
How will the stocks, bonds or other securities in either joint or individual names be divided?
What will happen to the cars, boats, art work, or other items of personal property?
Will either party have the right to share in any pension or retirement benefits to which the other is or may be entitled? If so, to what extent?
Will either party be entitled to share the value of any business, professional practice, royalties or other property owned by the other party? If so, to what extent?

Will either party be required to make payment to the other for his/her support? If so, in what amount and for how long?
Will either party be required to make child support payments? Will these payments be reduced when the obligation to/for the support of one or more of the children terminates? E.g., death, emancipation, or reaching the age of majority.
Will the support payments for the other party or for the children increase or decrease in the future due to the changed financial circumstances of either of the parties, economic decisions or other factors?
Who shall claim the child(ren) as exemptions on their tax returns?

Will either party be obligated to maintain life insurance on his/her life for the benefit of the other? If so, for how long and how much?
Will either party be obligated to maintain life insurance on his/her life for the benefit of the minor child(ren)? If so, low long and how much?
If either party is obligated to maintain insurance on his/her life for the benefit of their child(ren), who will be the beneficiary of this policy?
Will the obligation to maintain life insurance decrease, as to amount, in the future? If so, when and by what amount?

Will either party be obligated to provide medical insurance for the other? If so, for how long?
Will either party be obligated to provide medical insurance for the benefit of the child(ren)? If so, for how long?
Who will be responsible to pay for any medical, dental or hospital expenses that are not reimbursed by any policies of insurance which either of the parties may have?

Will either or both of the parties be obligated to pay for the college education expenses of their child(ren)? If so, what expenses, and to what extent?
If such expenses are finance by loans, who will be responsible to repay them?
If one of the parties is obligated to make payments of child support beyond the 18th year, will there be any reduction in those payments while the child is attending college?

Who will be responsible for any deficiency which may be due on any past due joint tax returns filed by the couple?
Who is entitled to receive any refund which may be due on any past due tax returns filed by the parties?
If permitted by law, will the parties file a joint income tax return for the present year? If so, who will pay the taxes due and how will any refund be split?

A Fair Way