Amicable Divorce Checklist: Get Prepared For A Peaceful Divorce
If you are wondering what an amicable divorce checklist should include, we’ve put together a step-by-step guide to help you navigate through this difficult time in your life. This checklist will help you make the best decisions possible for all parties involved.
Alimony (Spousal Support Or Maintenance)
❒ Will you be the one responsible for paying spousal maintenance?
❒ Are you entitled to receive an award of spousal maintenance?
❒ If spousal maintenance is awarded, how much is it for and for how long?
❒ Will the spouse who is responsible for the payment of maintenance keep a life insurance policy so their obligation is secured if they happen to pass away before the full obligation is met?
Bank Accounts
❒ Have both parties made a decision about how to divide funds in any joint or separate financial accounts?
❒ Have both parties disclosed the balances of all bank accounts?
❒ How will household expenses be paid while the divorce is pending?
Retirement Accounts
❒ Did either spouse accumulate any retirement benefits before marriage?
❒ Have both parties disclosed the balances of retirement accounts?
❒ Will retirement benefits be divided equally or at all?
Personal Property
❒ Have personal and marital belongings been split between the two parties?
❒ Do you and your spouse wish to retain or obtain any specific personal property items?
❒ Do either of you have a plan for the distribution of property?
Real Estate
❒ Do you own any real estate jointly?
❒ How will you figure out the value of any jointly-owned real estate?
❒ Does one spouse wish to keep this real estate?
❒ How will the other spouse be compensated for their share of the equity in the property?
❒ In the event of an outstanding mortgage, how long will it take to refinance the loan, thereby removing the name of the spouse who is not awarded said property?
❒ If the property is to be sold, how are the proceeds to be distributed?
Vehicles
❒ What vehicles are owned by either spouse, if any?
❒ Whose name is included on the titles of said vehicles?
❒ Who will keep which vehicles following the divorce?
❒ In the case of an outstanding loan against a vehicle, how long will it take to refinance the loan or execute trading the vehicle, thereby removing the name of the spouse who is not awarded the vehicle?
Debts
❒ Were there any outstanding debts accrued during the marriage?
❒ What responsibility will each spouse have toward paying off the debts?
❒ Are there any assets that can be sold at this time to help pay off the debts?
Taxes
❒ Are there any existing outstanding tax liabilities for any years during the marriage?
❒ Have you decided how to pay the liabilities, if necessary?
❒ Will tax returns be due before the divorce is finalized? If so, will the taxes be filed jointly or separately? How will a refund or liability be divided moving forward?
Health Insurance
❒ Do both spouses currently have health insurance available through their employers?
❒ If not, is COBRA coverage available for any period of time?
❒ How will any necessary COBRA coverage be paid for?
What Is Amicable Divorce?
Amicable divorce can be pursued via the collaborative process or divorce mediation as a peaceful alternative to the more common traditional divorce method. These processes are focused on coming together with your partner to work toward a mutually beneficial outcome. The hope is to avoid any time in court during an amicable divorce. The collaborative process can result in a less expensive, yet more efficient divorce method for all involved, especially your children.
Attorney Arizona
There’s nothing better than the peace of mind you will have knowing you’ve protected your family at a time when they need it most. Let us help. Schedule a consultation or contact Ogborne Law, PLC of Arizona today.