Case issues checklist
Your divorce attorney may use a form like this to keep track of the issues in your case, the information that has already been gathered, and the information that still needs to be gathered to prepare for mediation and settlement, and if necessary, for trial.
CASE OUTLINE
I. REQUIRED INFORMATION
| PETITIONER’S NAME: HEIGHT: WEIGHT: | SSN: DATE OF BIRTH: AGE: |
| HOME ADDRESS: CITY/ZIP: | TELEPHONE #: BEEPER #: |
| EMPLOYER: | TELEPHONE: |
| ADDRESS: | CITY/ZIP: |
| ATTORNEY: ADDRESS: CITY/ZIP: | TELEPHONE: |
| MONTHLY NET INCOME ON FINANCIAL AFFIDAVIT $_____________ | DRIVER’S LICENSE #: DATE OF ISSUE: |
| RESPONDENT’S NAME: HEIGHT: WEIGHT: | SSN: DATE OF BIRTH: AGE: |
| HOME ADDRESS: CITY/ZIP: | TELEPHONE #: BEEPER #: |
| EMPLOYER: | TELEPHONE: |
| ADDRESS: | CITY/ZIP: |
| ATTORNEY: ADDRESS: CITY/ZIP: | TELEPHONE: |
| MONTHLY NET INCOME ON FINANCIAL AFFIDAVIT $_____________ | DRIVER’S LICENSE #: DATE OF ISSUE: |
Marriage:
| DATE OF MARRIAGE: | PLACE OF MARRIAGE: |
| YEARS OF MARRIAGE: | DATE OF FINAL SEPARATION: |
Pleadings:
| DATE PETITION FOR DISSOLUTION OF MARRIAGE FILED: |
| DATE ANSWER FILED: |
| DATE COUNTERPETITION FOR DISSOLUTION OF MARRIAGE FILED: |
| DATE ANSWER FILED: |
Restoration of maiden name:
| MAIDEN NAME TO BE RESTORED? YES____ NO____ | MAIDEN NAME: (SPELL OUT ENTIRE NAME, INCLUDING MIDDLE NAME) |
Children:
| CHILD’S NAME | CHILD’S AGE | DATE OF BIRTH | LOCATION OF CHILD |
| CHILD SUPPORT PURSUANT TO THE GUIDELINES IS $________MON. | IF DEVIATION REQUESTED, REASON IS ______________ ________________ | HAS THE PETITIONER ATTENDED PARENTING COURSE? ______ | HAS THE RESPONDENT ATTENDED PARENTING COURSE?______ |
II. SUMMARY OF ISSUES:
| THE FOLLOWING ISSUES ARE SETTLED: attach partial settlement agreement. (PUT N/A NEXT TO SPACES IN WHICH THE ISSUE DOES NOT APPLY IN YOUR CASE) | WE NEED A TRIAL ON THE FOLLOWING ISSUES: (PUT N/A NEXT TO | LIST ISSUES IN THIS ORDER CUSTODY/PARENTAL RESPONSIBILITY, PROPERTY DIVISION, ALIMONY, CHILD SUPPORT, EVERYTHING ELSE) |
| JOINT CUSTODY/SHARED PARENTAL RESPONSIBILITY | ||
| SOLE CUSTODY/ PARENTAL RESPONSIBILITY | ||
| VISITATION/ TIMESHARING/ACCESS | ||
| CHILD SUPPORT | ||
| PROPERTY DIVISION— DATE OF VALUATION | ||
| SEPARATE/NON MARITAL ASSETS COMMUNITY/ | ||
| SEPARATE/NON MARITAL LIABILITIES COMMUNITY/ | ||
| UNEQUAL DISTRIBUTION | ||
| ALIMONY | ||
| ATTORNEY’S FEES- ENTITLEMENT | ||
| ATTORNEY’S FEES-AMOUNT | ||
| CHARGING LIEN | ||
| OTHER: _________________ | ||
| OTHER: _________________ |
III. CUSTODY/PARENTAL RESPONSIBILITY:
ANSWER ONLY IF CUSTODY/PARENTAL RESPONSIBILITY IS A CONTESTED ISSUE, AND ANSWER ONLY THOSE PARTS THAT REQUIRE COURT RESOLUTION:
A. LEGAL JOINT CUSTODY/SHARED PARENTAL RESPONSIBILITY
(DECISION-MAKING)
COMPLETE NUMBER ONE (1), TWO (2) OR THREE (3):
| 1._____ EQUAL LEGAL SHARED CUSTODY/PARENTAL RESPONSIBILITY: | ___PARTIES AGREE THAT THEY ARE ABLE TO CONFER AND COOPERATE AND MAKE ALL MAJOR DECISIONS JOINTLY. |
| 2._____ ULTIMATE RESPONSIBILITY (COURT FINDINGS REQUIRED): | ___THE PARTIES AGREE THAT THEY ARE ABLE TO CONFER AND COOPERATE AND MAKE MOST MAJOR DECISIONS JOINTLY, BUT THERE IS CONFLICT WITH REGARD TO THE FOLLOWING ISSUE(S) REQUIRING THE COURT TO GIVE ONE PARENT FINAL WORD WHEN THERE IS DISAGREEMENT AFTER DISCUSSION: _____EDUCATION—PUBLIC/PRIVATE |
| 3._____SOLE CUSTODY/PARENTAL RESPONSIBILITY (COURT FINDINGS REQUIRED): IF THE PARTIES CHECKED THIS BOX, ANSWER THE FOLLOWING: A. PETITIONER ________ SAYS THE B. RESPONDENT ________SAYS THE DETRIMENT | ___THE PARTIES ARE NOT ABLE TO CONFER OR COMMUNICATE OR EVEN TALK TO ONE ANOTHER AT ALL ON SPECIFIC DECISION- MAKING ISSUES OR ALL ISSUES AND IT WOULD BE DETRIMENTAL TO THE CHILD(REN) FOR THEM TO DO SO, REGARDING THE FOLLOWING: _____ALL ISSUES |
B. PHYSICAL SHARED CUSTODY/PARENTAL RESPONSIBILITY
(WHERE IT IS IN THE BEST INTERESTS OF THE CHILD TO LAY HIS OR HER HEAD DOWN MORE OF THE TIME)
CHECK ONE AND ANSWER:
| _____ WE AGREE THAT _____________ SHALL BE THE PRIMARY RESIDENTIAL PARENT AND THAT ________________ SHALL BE THE SECONDARY RESIDENTIAL PARENT. |
| ______THE ISSUE OF WHO SHALL BE PRIMARY RESIDENTIAL PARENT IS DISPUTED (COURT FINDINGS REQUIRED). |
C. FACTORS. IF THE PARTIES HAVE ANY DISPUTES REGARDING LEGAL OR PHYSICAL SHARED CUSTODY/PARENTAL RESPONSIBILITY, CHECK WHICH OF THE FOLLOWING FACTORS APPLY.
EVIDENCE/TESTIMONY WILL BE PRESENTED ON THE FOLLOWING FACTORS AT TRIAL (PUT N/A NEXT TO FACTORS NOT IN DISPUTE):
| _____THE PARENT WHO IS MORE LIKELY TO ALLOW THE CHILD FREQUENT AND CONTINUING CONTACT WITH THE OTHER PARENT. |
| _____THE LOVE, AFFECTION, AND EMOTIONAL TIES EXISTING BETWEEN THE PARENTS AND THE CHILD. |
| _____THE CAPACITY AND DISPOSITION OF THE PARENTS TO PROVIDE THE CHILD WITH FOOD, CLOTHING, MEDICAL CARE OR OTHER REMEDIAL CARE RECOGNIZED AND PERMITTED UNDER THE LAWS OF THIS STATE IN LIEU OF MEDICAL CARE, AND OTHER MATERIAL NEEDS. |
| _____THE LENGTH OF TIME THE CHILD HAS LIVED IN A STABLE, SATISFACTORY ENVIRONMENT AND THE DESIRABILITY OF MAINTAINING CONTINUITY. |
| _____THE PERMANENCE, AS A FAMILY UNIT, OF THE EXISTING OR PROPOSED PRIMARY HOME. |
| _____THE MORAL FITNESS OF THE PARENTS. |
| _____THE MENTAL AND PHYSICAL HEALTH OF THE PARENTS. |
| _____THE HOME, SCHOOL, AND COMMUNITY RECORD OF THE CHILD. |
| _____THE REASONABLE PREFERENCES OF THE CHILD, IF THE COURT DEEMS THE CHILD TO BE OF SUFFICIENT INTELLIGENCE, UNDERSTANDING, AND EXPERIENCE TO EXPRESS A PREFERENCE. |
| _____THE WILLINGNESS AND ABILITY OF EACH PARENT TO FACILITATE AND ENCOURAGE A CLOSE AND CONTINUING PARENT-CHILD RELATIONSHIP BETWEEN THE CHILD AND THE OTHER PARENT. |
| _____A PARTY PROVIDED FALSE INFORMATION TO THE COURT IN A DOMESTIC VIOLENCE PROCEEDING. |
| _____ANY OTHER FACTOR CONSIDERED TO BE RELEVANT:______________. |
IV. PROPERTY DIVISION
A. NON-MARITAL/SEPARATE ASSETS AND LIABILITIES
(ANSWER ONLY IF APPLIES OR PUT N/A):
1. DATE OF IDENTIFICATION (CHECK ONE):
| _____AGREED AS DATE OF FILING |
| _____AGREED AS DATE OF SEPARATION AGREEMENT DATED__________ |
| _____DISPUTED |
2. IF DISTRIBUTION OF NON MARITAL/SEPARATE ASSETS AND LIABILITIES IS AGREED, ATTACH PARTIAL SETTLEMENT AGREEMENT.
3. IF DISPUTED AS TO WHETHER THE ASSET OR LIABILITY IS MARITAL/COMMUNITY OR NON-MARITAL/SEPARATE, COURT FINDINGS REQUIRED AS TO IDENTIFICATION, OWNERSHIP INTEREST, VALUE, VALUATION DATE, AND DESIGNATION OF WHICH SPOUSE SHALL BE ENTITLED TO EACH):
| IDENTIFY AND SET FORTH IF ASSET OR LIABILITY | VALUE | OWNERSHIP INTERESTS | DATE OF VALUATION | REASON DISPUTED |
B. MARITAL/COMMUNITY ASSETS AND LIABILITIES
(ANSWER ONLY IF APPLIES OR PUT N/A):
1. DATE OF IDENTIFICATION (CHECK ONE):
| _____AGREED AS DATE OF FILING |
| _____AGREED AS DATE OF SEPARATION AGREEMENT DATED__________ |
| _____DISPUTED |
2. IF DISTRIBUTION OF MARITAL/COMMUNITY ASSETS AND LIABILITIES IS AGREED, ATTACH PARTIAL SETTLEMENT AGREEMENT.
3. SPECIFIC ASSET AND LIABILITY INFORMATION REQUIRED ON DISPUTED ASSETS ONLY (PUT N/A IF DOESN’T APPLY):
a. MARITAL HOME:
(1) FORMAL APPRAISAL ENTERED INTO EVIDENCE BY
___ PETITIONER
___ RESPONDENT
(2) PARTITION REQUESTED BY
___ PETITIONER
___ RESPONDENT
| STREET ADDRESS: |
| LEGAL DESCRIPTION: |
| PETITIONER SAYS: | VALUE DATE OF FILING | VALUE DATE OF TRIAL |
| FAIR MARKET VALUE | ||
| MORTGAGE | ||
| LIENS/TAX EFFECT (IF SALE) | ||
| NET EQUITY |
| RESPONDENT SAYS: | VALUE DATE OF FILING | VALUE DATE OF TRIAL |
| FAIR MARKET VALUE | ||
| MORTGAGE | ||
| LIENS/TAX EFFECT (IF SALE) | ||
| NET EQUITY |
b. OTHER DISPUTED REAL PROPERTY:
(1) FORMAL APPRAISAL ENTERED INTO EVIDENCE BY
___ PETITIONER
___ RESPONDENT
(2) PARTITION REQUESTED BY
___ PETITIONER
___ RESPONDENT
| PETITIONER SAYS: | VALUE DATE OF FILING | VALUE DATE OF TRIAL |
| FAIR MARKET VALUE | ||
| MORTGAGE | ||
| LIENS/TAX EFFECT (IF SALE) | ||
| NET EQUITY |
| RESPONDENT SAYS: | VALUE DATE OF FILING | VALUE DATE OF TRIAL |
| FAIR MARKET VALUE | ||
| MORTGAGE | ||
| LIENS/TAX EFFECT (IF SALE) | ||
| NET EQUITY |
4. DEBTS / LIABILITIES
a. WE AGREE THAT THE FOLLOWING LIABILITIES SHALL BE PAID AS FOLLOWS:
(1) TO BE PAID BY HUSBAND:
____________________ OF $________
____________________ OF $________
____________________ OF $________
(2) TO BE PAID BY WIFE:
____________________ OF $________
____________________ OF $________
____________________ OF $________
5. TANGIBLE PERSONAL PROPERTY
a. IF AGREED, ATTACH STIPULATED LIST.
b. IF DISPUTED, ATTACH A LIST THAT SETS FORTH THE FOLLOWING INFORMATION:
(1) DESCRIPTION OF ITEM
(2) COST DATE OF PURCHASE
(3) PETITIONER’S VALUE DATE OF FILING
(4) RESPONDENT’S VALUE DATE OF FILING
(5) PETITIONER’S VALUE DATE OF TRIAL
(6) RESPONDENT’S VALUE DATE OF TRIAL
(7) PETITIONER’S PROPOSED DISTRIBUTION
(8) RESPONDENT’S PROPOSED DISTRIBUTION
C. UNEQUAL DISTRIBUTION OF ASSETS.
IF EITHER PARTY IS SEEKING AN UNEQUAL DISTRIBUTION OF MARITAL ASSETS, COURT FINDINGS ARE REQUIRED AS TO JUSTIFICATION THEREFOR BASED ON THE FOLLOWING FACTORS. ONLY IF EITHER PARTY IS SEEKING AN UNEQUAL DISTRIBUTION, CHECK THOSE FACTORS FOR WHICH TESTIMONY/EVIDENCE WILL BE PRESENTED AT TRIAL. YOU MAY ATTACH WRITTEN PROPOSED FINDINGS TO THIS PRE-TRIAL STIPULATION:
PUT N/A NEXT TO THOSE WHICH DO NOT APPLY:
_____1. CONTRIBUTION TO THE MARRIAGE (HOMEMAKER)
_____2. ECONOMIC CIRCUMSTANCES OF THE PARTIES
_____3. DURATION OF THE MARRIAGE
_____4. INTERRUPTIONS TO CAREERS OR EDUCATION
_____5. CONTRIBUTION TO OTHER SPOUSE’S CAREER OR EDUCATION
_____6. DESIRABILITY OF RETAINING ANY ASSET INCLUDING AN INTEREST IN A BUSINESS, CORPORATION, OR PROFESSIONAL PRACTICE INTACT AND FREE FROM ANY CLAIM OF INTERFERENCE BY THE OTHER PARTY
_____7. CONTRIBUTION OF EACH SPOUSE TO THE ACQUISITION, ENHANCEMENT, AND PRODUCTION OF INCOME OR THE IMPROVEMENT OF, OR THE INCURRING OF LIABILITIES TO BOTH THE MARITAL AND NON-MARITAL ASSETS OF THE PARTIES
_____8. DESIRABILITY OF RETAINING THE MARITAL HOME AS A RESIDENCE AS IT IS EQUITABLE TO DO SO, IN THE BEST INTERESTS OF THE CHILD OR FINANCIALLY FEASIBLE FOR THE PARTIES TO DO SO
_____9. INTENTIONAL DISSIPATION, WASTE, DEPLETION OR DESTRUCTION OF MARITAL ASSETS AFTER THE FILING OF THE PETITION OR WITHIN TWO YEARS PRIOR TO THE FILING OF THE PETITION
_____10. ANY OTHER FACTORS NECESSARY TO DO EQUITY AND JUSTICE
_____11. UNEQUAL DISTRIBUTION DESPITE GIFTING, SHORT MARRIAGE
_____12. APPRECIATED VALUE OF NON-MARITAL ASSETS, PAYMENTS AND/OR LABOR DURING THE MARRIAGE
D. PETITIONER’S PROPOSED DIVISION/DISTRIBUTION:
1. PETITIONER’S PROPOSED DISTRIBUTION CHART:
a. FOR EACH ASSET:
| DEBT | AMOUNT | AS OF DATE | $ TO BE PAID BY HUSTAND | $ TO BE PAID BY WIFE |
b. FOR EACH DEBT OR LIABILITY:
| DEBT | AMOUNT | AS OF DATE | $ TO BE PAID BY HUSTAND | $ TO BE PAID BY WIFE |
c. TOTALS TO EACH PARTY
| TOTALS TO EACH | HUSBAND | WIFE |
2. IF THE TOTALS TO THE HUSBAND AND WIFE ARE NOT EQUAL, GIVE REASONS WHY:
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________.
V. ALIMONY. IF ALIMONY IS AN ISSUE, ANSWER THE FOLLOWING (PUT N/A IF DOESN’T APPLY):
| A. TEMPORARY ARREARAGES: | ____ ATTACH ARREARAGES CALCULATIONS WORKSHEET |
| B. PERMANENT PERIODIC ALIMONY: ____AGREED NO SUCH ALIMONY | ___HUSBAND SAYS THERE IS NO NEED AND/OR ABILITY TO PAY NEED AND/OR ABILITY TO PAY SUCH ALIMONY ___WIFE SAYS THERE IS NO NEED ___WIFE SAYS SHE NEEDS $_____ PER ___ HUSBAND SAYS HE NEEDS $_____ PER |
| C. BRIDGE THE GAP REHABILITATIVE ALIMONY: ____AGREED NO SUCH ALIMONY ____AGREED NEED/ABILITY FOR $_____ PER | ___HUSBAND SAYS THERE IS NO NEED AND/OR ABILITY TO PAY SUCH ALIMONY ___WIFE SAYS THERE IS NO NEED AND/OR ___WIFE SAYS SHE NEEDS $_____ PER MONTH ___HUSBAND SAYS HE NEEDS $_____ PER MONTH |
| D. RETRAINING REHABILITATIVE ALIMONY ____AGREED $_______ PER ____ | ___HUSBAND SAYS THERE IS NO NEED AND/OR ABILITY TO PAY SUCH ALIMONY ___WIFE SAYS THERE IS NO NEED ___WIFE SAYS SHE NEEDS $_____ PER ___HUSBAND SAYS HE NEEDS $_____ PER |
| E. LUMP SUM ALIMONY ___AGREED $_____ TO BE PAID | ___HUSBAND SAYS THERE IS NO NEED OR ABILITY TO PAY WIFE PERMANENT PERIODIC ALIMONY AND NO UNUSUAL CIRCUMSTANCES OR JUSTIFICATION WHICH WOULD REQUIRE A NON-MODIFIABLE AWARD OF SUPPORT IN THE FORM OF LUMP SUM ALIMONY ___WIFE SAYS THERE IS NO NEED OR ABILITY TO ___WIFE SEEKS LUMP SUM ALIMONY FROM THE ___HUSBAND SEEKS LUMP SUM ALIMONY |
CHILD SUPPORT (PUT N/A IF DOES NOT APPLY)
A.GUIDELINES SUMMARY: TO BE ATTACHED
B.IF THERE ARE ARREARAGES, ATTACH ARREARAGES CALCULATION WORKSHEETS.
C.ADJUSTMENTS: ANSWER ONLY IF SEEKING AN ADJUSTMENT IN THE CHILD SUPPORT GUIDELINES AMOUNT:
| ____PLUS 5% ____MINUS 5% | COURT TO CONSIDER ALL RELEVANT FACTORS, INCLUDING: ____NEEDS OF CHILD(REN) ____AGE OF CHILD(REN) ____STATION IN LIFE ____STANDARD OF LIVING ____FINANCIAL STATUS AND ABILITY OF EACH PARENT ____OTHER____________________ _______________________________ |
| ___PLUS MORE THAN 5% WRITTEN FINDING REQUIRED WHY GUIDELINES AMOUNT UNJUST OR INAPPROPRIATE __________________________________________ ____MINUS MORE THAN 5% | IDENTIFY FACTORS FOR ADJUSTMENT: ____EXTRAORDINARY MEDICAL |
E. IF IMPUTED INCOME IS AN ISSUE:
| IF WIFE SAYS HUSBAND IS VOLUNTARILY UNEMPLOYED OR UNDEREMPLOYED, WIFE FILL IN REGARDING HUSBAND: EMPLOYMENT POTENTIAL: ________________________________ | IF HUSBAND SAYS WIFE IS VOLUNTARILY UNEMPLOYED OR UNDEREMPLOYED, HUSBAND FILL IN REGARDING WIFE: EMPLOYMENT POTENTIAL: ________________________________ |
F. OTHER CHILD SUPPORT ISSUES:
| ISSUE: | LOCATION: | COST: | WHY IN THE BEST INTERESTS OF THE CHILD: |
| ____PRIVATE SCHOOL | |||
| ____EXISTING CONTRACT FOR PREPAID COLLEGE | |||
| ____SUMMER CAMP | |||
| ____SCHOOL FIELD TRIPS/FEES | |||
| ____SCHOOL UNIFORMS | |||
| ____TUTORING | |||
| ____EXTRA- CURRICULAR | |||
| ____UNINSURED MEDICAL OR DENTAL | |||
| ____DEPENDENT PAST MAJORITY | |||
| ____LIFE INSURANCE OR OTHER SECURITY AVAILABILITY________________ CAP__________ | |||
| ____ RETRO-ACTIVE CHILD SUPPORT |
VII. ATTORNEY’S FEES, SUIT MONIES AND COSTS:
A. ____ ENTITLEMENT AND AMOUNT SHALL BE HEARD AT A HEARING SUBSEQUENT TO FINAL HEARING
B. ____WIFE’S FEES AND COSTS ARE AN ISSUE:
(PUT N/A IF DOES NOT APPLY)
| ENTITLEMENT: ___TO BE DETERMINED AT TRIAL ___TO BE DETERMINED AT A HEARING SUBSEQUENT TO TRIAL | AMOUNT: ___TO BE DETERMINED AT TRIAL ___TO BE DETERMINED AT A HEARING SUBSEQUENT TO TRIAL |
| ___ENTITLEMENT IS AGREED ___ABILITY TO PAY DISPUTED ___NEED DISPUTED ___ALL CIRCUMSTANCES SHOULD | ___ LODESTAR: ___ WIFE SAYS: ___ HUSBAND SAYS: |
C. ____ HUSBAND’S FEES AND COSTS ARE AN ISSUE:
(PUT N/A IF DOES NOT APPLY)
| ENTITLEMENT: ___TO BE DETERMINED AT TRIAL ___TO BE DETERMINED AT A HEARING SUBSEQUENT TO TRIAL | AMOUNT: ___TO BE DETERMINED AT TRIAL ___TO BE DETERMINED AT A HEARING SUBSEQUENT TO TRIAL |
| ___ENTITLEMENT IS AGREED ___ABILITY TO PAY DISPUTED ___NEED DISPUTED ___ALL CIRCUMSTANCES SHOULD BE | ___LODESTAR: ___WIFE SAYS: ___HUSBAND SAYS: |
