List of Things to Cover in a Divorce

A separating couple has to deal with dividing assets.

Separating couples must juggle a multitude of important issues, and the complexity of the case grows if children are part of the family. While a divorce case doesn't have to involve a nasty and expensive battle in court, husband and wife will want to make sure that they address key issues before entering into a marital settlement agreement or consent order.

Child Custody

Divorcing parents who have minor children must deal with custody issues at a time when neither parent is in a mood to negotiate. There is no statute of limitations on custody actions, and it may seem like there is no urgency to resolve child custody before divorce. The atmosphere of cooperation that may exist between husband and wife can evaporate in an instant. A child custody settlement before the divorce can promote stability for children and reduce the number of points where parents disagree.

Child Support

Child support is an issue for almost every divorcing parent with minor children. Presumptive guideline systems in effect in every state (http://www.supportguidelines.com/book/chap1a.html#1.01) can require child support even when the parties are sharing custody equally. Parents who expect child support should ask their attorney to explain state guidelines. Parents who will be paying child support will also need an attorney's guidance to develop a realistic post-separation budget.

Spousal Support

Post-separation support and alimony might not be an issue in every case, but since some states won't allow the filing of a spousal support claim after the entry of an absolute divorce (http://www.rosen.com/divorce/divorcefaqs/if-i-obtain-my-divorce-before-filing-for-equitable-distribution-and-alimony-can-i-still-file-for-alimony-and-ed/), parties need to take care of this in advance of divorce. A potential dependent spouse should review reasonable expenses and compare them against income to figure out what, if anything, she needs from a spouse in order to keep her head afloat. Amount, duration and entitlement to alimony can be highly technical, so all parties should consult with a family law attorney before making decisions.

Property And Debt Division

States divide marital property and debt under laws that place very little importance on the name in which the asset or debt appears. (http://www.equalityinmarriage.org/wdget.html) The critical issue in property division is whether the asset or debt was acquired between date of marriage and whatever end date is specified in state law. As a general rule, property division rights must be asserted before the entry of a divorce decree or your case reverts to title theory. If a party's name is on it, it's that party's asset or debt. That could mean getting stuck with a big credit card while the other side makes off with a retirement account.

References

• The Equality In Marriage Institute: Who Gets What Where
• North Carolina Divorce: Absolute Divorce FAQs
• Supportguidelines: Child Support Guideline Models