Key Issues In Separation Or Divorce Agreements

Child Issues – Permanent Parent Plan

Time spent with each parent
Holidays – MLK, Easter, Spring Break, Memorial Day, Mother's Day, Father's Day, July 4th, Labor Day, Fall Break, Thanksgiving, Christmas or Winter Break, Children's Birthdays, other holidays
Weekends (day, time and transportation)
Days during the week (day, time and transportation)
Extra Curricular Activities
"Grace" period if parent is late in picking up/returning children
Other child related issues:
  • Notification to other parent if child is ill
  • No overnights with girlfriend/boyfriend if child is in your home
  • How to resolve major decisions if there is no mutual agreement - including,but not limited to: education, extracurricular activities, medical and religion
  • Written notice of parent's intent to relocate
  • No alcohol, drug usage when driving with child in automobile
  • Telephone access when child/children with other parent
  • Communication between parents
  • Access to child's/children's records
  • Any special circumstances related to child/children
  • Modification of parenting plan

Custody of Minor Children

Single custodial parent, shared parenting
Joint Custody - joint legal, joint physical
How to resolve major decisions if there is no mutual agreement - including,but not limited to: education, extracurricular activities, medical and religion

Child Support

Monthly payments - amount, date(s) payable
Circumstances when amount would be increased, reduced, suspended or terminated (more than one child, when oldest child graduates from high school)
Education expenses - pre-graduation, post high school - college (if college agreed upon, need to be very specific in terms of type of college, responsibility of child, parents), Technical school

Tax Exemptions for Dependent Children

Including child tax credit

Medical Insurance

Health & Hospitalization - medical, dental, orthodontist, vision,psychological -    monthly premiums, annual deductibles, amounts not covered by insurance (is the    medical plan an HMO,PPO with only specific providers covered)


Spousal Support

Monthly payments, amounts, dates payable, length of time, circumstances when    increased, reduced, suspended, terminated or on a cash settlement

Real Estate

Family residence, vacation property, business/rental property

Personal Property

Household items/furniture
Stocks, bonds, other securities and investments
Checking, savings and other bank accounts
All retirement accounts/investments


Club membership, frequent flyer miles, season tickets, pets, etc.

Life Insurance

Cash values - face value if whole life, face value if term life
Use to insure support obligations/amounts and duration.


Outstanding loans (other than those previously listed)
Charge card debts (joint and individual)

Income Tax

Refunds due, amounts owed, any back taxes owed?
Indemnification of one party on past joint returns?

Outstanding Suits

Potential monies coming in, potential monies owed


Social Security Ten Year Marriage Rule

Attorney and Mediation Fees

Mutual Release or Right to Modify

Modification by mediation

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