Providing Support and Guidance to your Divorce Attorney

You may be thinking about the possibility of filing for a divorce, or perhaps your spouse has already filed for a divorce, and you have made an appointment to consult with a divorce attorney at Hall Law Firm, P.L.C. Unless you have been through the divorce process previously, it is often hard to think about all the information your attorney will need.

As a preliminary step, create a document. It could be titled “Divorce Memorandum for My Attorney”. In this document write down all of the topics that will need to be addressed by your attorney during the divorce proceedings, including what your goals are for the outcome of the divorce. The sooner you clarify your goals, the easier it will be for your attorney to support you in helping you reach those goals. While your lawyer’s experience will be helpful in making sure nothing important is forgotten, here is a checklist of important items to include in your “Divorce Memorandum for My Attorney”.

All supporting documentation should also be provided:

• Parenting time for minor children
• Issues with or need for Removal of children from the state
• Your proposed parenting plan
• What you believe a reasonable amount of child support is and who should pay said amount
• Whether you believe a deviation from the child support guidelines is necessary and why
• Whether travel expenses are necessary to facilitate parenting time for out of town/state parents
• Whether life insurance may be used to fund unpaid child support in the event of a parent’s untimely death
• Whether there should be automatic withholding for support
• Questions regarding payment of child support arrearages
• Child care expenses
• Issues related to child care credit
• Who shall provide health Insurance for minor children
• How shall uninsured medical expenses for minor children be paid
• Payment of extracurricular activities for minor children
• Private school tuition for children
• College expenses for children
• College savings accounts F/B/O children
• Health Insurance on the parties
• Real Property: marital residence
• Real Property: rentals, cabins, commercial property, etc.
• How will time shares be distributed
• How will retirement accounts will be distributed
• How will federal or military pensions be distributed
• Are there any business interests which should be contemplated
• What bank accounts exist, whose name(s) are listed on the accounts, and their value(s)
• What investments must be distributed
• Are there any stock options or stock purchase plans that should be addressed
• Life Insurance Policies
• What should be done with frequent flyer miles, credit card points, or season tickets for events
• Are there premarital or non-community assets
• Are there premarital or non-community debts
• What pets must be considered
• How shall personal property be divided: including motor vehicles, recreational vehicles, campers, airplanes, collections, furniture, electronics, tools, household goods, etc.
• When would be an appropriate exchange date for personal property
• What will a division of debt look like
• Should there be a property settlement
• Is spousal support necessary
• Is spousal support needed immediately
• Should tax exemptions for minor children be distributed
• Is IRS Form 8332 (Custodial Parent Release – Release of right to claim minor child to noncustodial parent) necessary
• What is the filing status for tax returns for last/current year
• Former name restoration
• Are you requesting the other party pay your attorney fees

These are examples of issues that many people contemplating a divorce must address during the pendency of a dissolution of marriage. Providing your attorney as much of the relevant documentation and reasoning supporting your outcome goals/wishes greatly enhances your attorney’s ability to provide satisfactory representation.