Wondering what’s involved or what you will need to consider for an amicable divorce? We’ve put together a divorce checklist to help you navigate this difficult time in your life and make better decisions for everyone involved. Download the Amicable Divorce Checklist PDF.
Alimony (Spousal Support or Maintenance)
❒ Will you be responsible for the payment of sposual maintenance?
❒ Will you be entitled to receive an award of spousal maintenance?
❒ If spousal maintenance is awarded, how much will it be and for what duration?
❒ Will the spouse responsible for the payment of maintenance maintain a life insurance policy so their obligation is secured if they have passed away before the obligation is fulfilled?
❒ Have you both made a decision about how to divide funds in any joint or separate financial accounts?
❒ Have you both disclosed the balances of your bank accounts?
❒ How will household expenses be paid during the time the divorce is pending?
❒ Did either spouse accumulate retirement benefits prior to the marriage?
❒ Have you both disclosed the balances of the retirement accounts held by either of you?
❒ Will the retirement benefits be divided equally or in some other way?
❒ Have both personal and marital belongings been split between your spouse and yourself?
❒ Do your spouse and you want to retain or obtain any specific personal property items?
❒ Do you have a plan for the distribution of property?
❒ Do you jointly own any real estate?
❒ How will you determine the value of any real estate you jointly own?
❒ Does one spouse want to keep the real estate?
❒ How will the other spouse be compensated for his/her share of the equity in the property?
❒ In the case of an outstanding mortgage, how long will it take to refinance the loan, thereby removing the name of the spouse who isn’t awarded the property?
❒ If the property is to be sold, how will the proceeds be distributed?
❒ What vehicles are owned by either spouse?
❒ Whose names are on the titles to the vehicles?
❒ Who will keep which vehicles?
❒ In the case of an outstanding loan against a vehicle, how long will it take to refinance the loan or trade the vehicle, thereby removing the name of the spouse who isn’t awarded the vehicle?
❒ Are there outstanding debts that were accrued during the course of the marriage?
❒ What responsibility will each spouse have toward the outstanding debts?
❒ Are there assets that can be sold to help pay off or pay down debts?
❒ Are there outstanding tax liabilities for any years during the marriage?
❒ If so, have you decided how the liabilities will be paid?
❒ Will tax returns be due before the divorce is final? If so, will they be filed jointly or separately? How will any refund or liability be divided?
❒ Do both spouses have health insurance available through their employers?
❒ If not, is COBRA coverage available for some period of time?
❒ How will the cost of COBRA coverage be paid?
What is Amicable Divorce?
An Amicable divorce can be pursued using the collaborative process or divorce mediation as peaceful alternatives to traditional divorce. These processes are more focused on coming together with your partner to work towards mutually beneficial outcomes, without battling it out in court. The collaborative process could make your divorce less expensive, more efficient, and less harmful to everyone involved, including your children.
If you are thinking about getting divorced but want your relationship to end peacefully, collaborative divorce or divorce mediation might be right for you. Learn more about Collaborative divorce and divorce mediation or contact one of the professionals at Best Legal Choices to learn more.
OUR PROFESSIONALS CAN HELP WITH THE COLLABORATIVE PROCESS IN ARIZONA!
The collaborative divorce process is designed to help people who are willing to work together to make an agreement that benefits the family. Resources that help parents communicate effectively during this process can help them model appropriate behavior for their kids. With a lot of love and support, children can learn to more effectively deal with their parents’ divorce. Contact a professional at Best Legal Choices if you’re ready to take the first step toward starting your new life.
Judy Morse has been helping families resolve their questions about parenting time, legal decision making, and their finances and assets with her Collaborative Practice since 2006. The founder of Judith A. Morse, P.C., now known as Morse Law Group, Judith A. Morse has been practicing law for more than 32 years.