Things to Consider:
PARENTING DECISIONS
SCHEDULE
School evenings, week nights, and weekends
Three-day weekends
School recesses -Winter and Spring
Summer vacations
Holiday celebrations
Birthdays – Parents’/Child[ren]’s
Mothers’/Fathers’ Day
Telephone/e-mail/texting access to the child[ren]
Transportation between households
Travel away from home with the child[ren]
Etiquette (rules) for visits, cancellations
Changes to the schedule at future times
DECISION-MAKING
Joint agreement, consultation, or sole authority for decisions on:
Education
Extracurricular/weekend activities
Medical care (non-emergency or elective)
Religious upbringing
Child-care providers
INFORMATION
Mechanisms for sharing information about the child[ren]
Receiving records and reports from physicians, dentists, etc.
Receiving reports and notices from schools, teachers, etc.
RELOCATION
Rules or adjustments for change of child[ren]’s residence
SURVIVORSHIP
Interactions with family members if one parent passes
Guardian(s) in the event of the death of both parents
SIGNIFICANT OTHERS
Introduction of New Partners to the child[ren]
PROPERTY AND DEBT DIVISION
ASSETS
Identification of all assets
Classification of assets as Community or Separate
Evaluation, and date for valuation of assets
Distribution
MARITAL RESIDENCE
Who, if either, stays ? If retained by one, what and when paid?
If to be sold, when ? sales price ? division of proceeds?
OTHER REAL PROPERTY
Time Share / Weekend / Country house
Sale, share or buy out?
LIQUID ASSETS
Bank accounts
Investments — mutual funds, stocks, bonds
Life Insurance (cash value)
RETIREMENT FUNDS/ PENSIONS/EMPLOYEE BENEFITS
Deferred Compensation
Stock Options
BUSINESS INTERESTS/OTHER PROPERTY
Automobiles
Livestock
Household furnishings / Personal effects
LIABILITIES
Credit Cards
Other Debts
EXPENSES OF THE CHILDREN
CONTRIBUTIONS TOWARDS BASIC NEEDS
Calculation of needs: By Budget
Under the Idaho Child Support Guidelines
Adjustment upon the emancipation of each child
Modifications at future time/ upon each child’s emancipation
TRAVEL EXPENSES/EDUCATIONAL COSTS
Extracurricular activities
Summer camp/activities/lessons
Private school tuition
College tuition and costs
MEDICAL COSTS
Health Insurance: whose plan? who pays? what reimbursement procedures?
Uncovered expenses and deductibles
CHILD CARE
Costs for both parents to work
Private School Tuition
TAX EXEMPTIONS/CREDITS
Allocation of annual benefits
INHERITANCE
Provisions for the child[ren]
SPOUSAL ASSISTANCE
SPOUSAL SUPPORT (MAINTENANCE / ALIMONY)
Amount
Duration
Cost of Living adjustments
Modification for future changes
Co-habitation definition, effect
SPOUSAL HEALTH INSURANCE
TAX RAMIFICATIONS
CHILD SUPPORT PAYMENTS — not deductible to payor, nor income to recipient
SPOUSAL SUPPORT PAYMENTS — deductible to payor, but income to recipient
DISTRIBUTION OF PROPERTY — no capital gains taxes due upon changes in title
BASIS ISSUES — any appreciated assets ?
CAPITAL GAINS ISSUES — from sale of marital home, or other assets
TAX RETURNS — how to file for Current / Future years
OTHER ISSUES
LIFE INSURANCE — what is needed to underwrite future obligations ?
LEGAL REPRESENTATION — utilized or waived ?
MEDIATION AND COUNSEL FEES – who’s responsible ?
DISPUTE RESOLUTION — mediation and/or arbitration clause for future issues ?
STANDARD PROVISIONS
SEPARATE LIVES – Living independently, as if unmarried
ESTATE WAIVERS – Right to leave estate without restrictions
RELEASES – No lawsuits for other claims
COUNSEL FEES FOR BREACH – Attorney fees awarded for non-compliance
CHOICE OF LAW PROVISIONS – What state law applies
FULL DISCLOSURE – No further, formal discovery needed
FUTURE DEBTS – No spousal responsibility for any new debts
SURVIVAL, NOT MERGER, OF AGREEMENT – Agreement binding after divorce
COUNTERPARTS – Separate signatures allowed
DIVORCE OPTIONS IN IDAHO
NO-FAULT DIVORCE
Irreconcilable Differences (determined by the Court to be Substantial)
Conversion of Legal Separation To Divorce
FAULT-BASED DIVORCE
Adultery
Extreme Cruelty
Willful Desertion
Willful Neglect
Habitual Intemperance
Conviction of a Felony
Permanent Insanity (with confinement for three years)
Separation (without cohabitation for five years)
TIMING ISSUES
Tax Filings
Health Insurance Coverage
Personal Concerns
DIVORCE OPTIONS IN WASHINGTON
NO-FAULT DIVORCE
Irreconcilable Differences (determined by the Court to be Substantial)
Conversion of Legal Separation To Divorce
TIMING ISSUES
90-Day Wait Period
Tax Filings
Health Insurance Coverage
Personal Concerns
Contact Us:
Jennifer A. Ewers
Phone: (208) 882-9121
Fax: (208) 882-0134
[email protected]
Our Location:
609 S Washington,
Suite 206
Moscow, ID 83843