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Divorce Mediation Checklist

Divorce Mediation Checklist


A Guide to Divorce Mediation Checklists



What Categories do Mediation Checklists Contain?



A divorce mediation checklist will vary from state to state, but there are general provisions within every checklist.  The categories can be different for court-ordered mediations and private mediations as well.  A private divorce mediation checklist will often be shorter than a court-order mediation, but not always.  



The general categories for a divorce mediation checklist are as follows:



• Division of Property


• Parenting Plan


• Child Support and Spousal Support


• Other Miscellaneous Financial Issues



Each of the categories listed above are extended below.  



Division of Property



During mediation, each property must sign a contract that states they will offer full disclosure of property, assets, and debts.  If either spouse breaks the contract, the case will often be brought to court a judge will not look kindly on the spouse’s actions of trying to conceal information.  If a spouse conceals property, the other spouse will probably receive the better settlement.  Some of the following things listed within the checklist for the division of property include:



1) Categories of Assets:



• Household furnishing


• Vehicles


• Personal Property


• Bank Accounts


• Accounts Receivable


• Stocks, Bonds, and Trusts


• Real Estate


• Life Insurance


• Business interests


• Pensions, IRAs, 401Ks, and more



2) Categories of Debts:


• Mortgages


• Loans on Life Insurance


• Personal Loans and Bank Loans


• Credit Card Statements



3) A procedure for the Division of Property, including:


• Identification of all property


• The valuation of all property


• Establishing Martial v. Non-Marital Property


• Dividing the Property



Parenting Plan



The parenting plan section of the divorce mediation check list will usually contain all of the following:



• Educational and medical records, teachers, and doctors of the children



• The decision making, notification, and legal consent for each spouse during a medical emergency



• Child’s living arrangements during the week, holidays, and vacations



• Pick-up and Drop-off arrangements



• Restrictions and notice for the change of residence 



• Major decision by each parent on education, medical treatment, religion, and safety



• Conditions for renegotiations and conflict resolutions 



Child Support and Spousal Support



A mediator will consider provisions usually accepted by a judge within the courtroom for spousal support and child support.  The mediator will work with each spouse to come to an agreement, and the child support/spousal support checklist usually contains the following:



• The budgeting of the child’s expenses and each spouse’s expenses



• Identifying all sources of income



• Calculating support level, school tuition, medical expenses, child care expenses, and more



• The amount and duration of spousal support



• Adjustments for spousal support based on the cost of living and changing amounts of income



Miscellaneous Financial Issues



A divorce mediation checklist will almost always have a fourth category for any financial issues that weren’t covered in the checklist beforehand.  These issues include:



• Joint or separate tax returns



• Dependency issues



• The division of refunds and liabilities



• College tuition and expenses



• Other insurance issues