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General List of Topics to be Resolved in Divorce

The Four Ways of Divorce

Learn about divorce grounds, alimony, property and debt distribution, child custody, visitation, child support, thoughts on how lawyers and judges view the process, the costs involved, and how best to achieve your goals. New book by Rachel Virk

  1. Custody
    1. physical - sole or shared
    2. legal – sole or joint
    3. if shared physical custody - detailed custodial schedule, or scheduled by agreement
  2. Visitation
    1. detailed schedule, or scheduled by agreement
    2. holidays / birthdays / summer / telephonic / travel
  3. Child support / direct pay or withholding order / commencement date / arrears
  4. Extracurricular activities / camps / holiday gifts / back to school clothes / computers and electronics / tutoring / SAT preparation classes / driver’s education classes /car insurance / college application fees / senior year activities
  5. College / four years / bachelor’s degree / age limit / instate rate cap
  6. Alimony
    1. monthly amount, or reserve right to request in the future, or waive the right
    2. if payable - the amount, commencement and due dates, and whether the support is modifiable or nonmodifiable
    3. if payable - termination upon death, remarriage or cohabitation for a specified duration
    4. if a reservation, must a significant change in financial circumstances occur for a future request
  7. Health coverage / dental / optical / psychological
  8. Unreimbursed medical expenses
  9. Use of flex fund
  10. Life insurance / long-term disability coverage / long-term care coverage
    1. presently in effect, or to be obtained
    2. other parent, or the child/ren named directly or in trust as beneficiary
    3. free choice of trustee, or requirement to name the other parent as trustee
    4. cash value
  11. Former marital home
    1. exclusive possession
    2. mortgage payments
    3. mortgage interest deduction
    4. utility payments / normal maintenance and repair payments / extraordinary repair costs
    5. value for buyout or refinance, and by when
    6. sale if not refinanced by deadline, or short sale
      1. payment of recommended improvements
      2. list price / lowering of list price / acceptance of offer of 95% or lower
      3. any further encumbrance prohibited
      4. division of proceeds
      5. obligations of estate / death of a party
    7. contribution to moving expenses
  12. Household furnishings and collections / jewelry
  13. Investment real estate / timeshares
  14. Liquid assets / bank accounts / IRAs / CDs / mutual funds / stocks / stock options / bonds
  15. Prepaid tuition plans / 529 educational accounts
  16. Division of private, government or military defined benefit retirement pension plans & survivorship rights, or waiver
  17. Division of 401K / TSP or other defined contribution retirement accounts & survivorship rights, or waiver
  18. Business interests
  19. Cars / boats / motorcycles
  20. Pets
  21. Safe deposit box contents of value
  22. Debt / credit cards
  23. Filing taxes - refund or liability / exemptions / child care credit / appropriate withholdings
  24. Divorce proceedings / determination of date of separation / attorney’s fees
  25. Any excluded matters not addressed or resolved
  26. Boilerplate language
    1. waiver of claim to estate, or preservation of right to inherit
    2. revocation of any powers of attorney
    3. protection from discharge in bankruptcy of obligations
    4. waiver, or preservation of request for attorneys fees in modification proceedings

Rachel L. Virk, P.C.
46090 Lake Center Plaza, Suite 307
Potomac Falls VA 20165

Telephone 703 444 3355
www.virk-law.com

RAchel Virk, Divorce Lawyer Home Page