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Children
- 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?
Marital Residence
- 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?
Marital Residence (Rented)
- 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?
Debts
- What debts, other than business or mortgages on their home,
do the parties have?
- Who will be responsible for the payment of each debt?
Personal Property
- 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?
Support
- 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?
Life Insurance
- 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?
Medical Insurance
- 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?
College
- 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?
Income Taxes
- 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?
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