Uncontested Divorce Considerations
Considerations for Uncontested Divorce
Please discuss the following with your spouse and have the information requested below and an agreement between the two of you ready for your intake phone call with one of our attorneys.
1. CUSTODY
Type of Custody
- Joint Legal and Joint Physical – Both share equal time and decide if one parent will be paying support. If you do this agreement, you must decide which of you will be responsible for the following final decision making power on:
- Religion * Education * Medical * Athletics * Cultural * Civic (Each parent is assigned 3)
- Joint Legal with Physical to Mom or Physical to Dad – Both have legal custody but one parent is the primary physical custodian, and the other parent visits on a schedule, generally standard visitation schedule for particular county.
2. VISITATION
Are you following standard schedule, week to week or special agreement? Most visitation schedules are online and can be found by
searching on-line–for example, Madison County Standard Visitation Schedule or Jefferson County Standard Visitation Schedule. Let us
know if you need a copy of your county’s schedule.
3. SUPPORT
Who will pay child support? We will help you calculate according to rule.
Who pays daycare and how much?
Who pays health insurance and how much is the monthly premium?
EACH PARENT MUST COMPLETE A CS-41 WHICH IS INCLUDED IN THE UNCONTESTED DIVORCE INTAKE PROCESS AND IS REQUIRED FOR FILING.
4. PRIVATE SCHOOL
Tuition, Fees
Enrollment Fees
Activity Fees and Books
5. HEALTH INSURANCE
How will you pay for uncovered medical expenses, medicine and deductibles?
6. ALIMONY
How much alimony?
What length of time?
7. HOUSE and OTHER PROPERTY
What will happen to house and other property? Sell, split proceeds, who is responsible for
debts of house until it sells? Who lives in house until it sells? Who pays taxes, insurance, mortgage until house sells? Who
handles lawn care, HOA fees, etc.?
PLEASE RETRIEVE A COPY OF DEEDS TO ALL REAL PROPERTY IMMEDIATELY.
8. PERSONAL PROPERTY
How will you divide personal property? Who will pay if any debt on personal property? and When will the property be removed from
the home?
*Automobiles and Recreational Vehicles – Be prepared with make, model, year, who is receiving, who is paying for vehicle and to whom the payment is made monthly.
9. CHECKING AND SAVINGS ACCOUNTS
Do you have personal accounts? Will you retain them? Do you have joint accounts? How will those accounts be divided?
10. STOCKS, BONDS, RETIREMENT
Be prepared with all retirement account numbers, names of plans and statements.
11. BUSINESS
What will happen with businesses?
12. DEBTS
Be prepared with a list of all debts, account numbers, amount of debt and how each will be divided, i.e., credit cards and loans.
13. LIFE INSURANCE
Will one of you maintain life insurance with the other named as beneficiary? Will children be named as beneficiaries?
14. TAXES
Will you file joint or married returns or will you each file individually for this year?
Do you have past tax debt and, if so, who will be responsible?
15. ATTORNEY’S FEES
Who will be responsible for fees?
Will spouse have an attorney?
16. MISCELLANEOUS
Be prepared to discuss any other issues with your attorney.