A Divorce Checklist allows you and your ex-spouse to compile necessary information regarding your marriage. It addresses issues such as marital property, alimony, child support, and marital debts.
Divorce cases terminate the marriage and divide marital property and debt (including retirement accounts). When the couple has children, such cases also decide on a parenting plan which is the custody and visitation arrangement and issue a child support order.
Check your local county page for more information on initiating the divorce. Most states usually have a self-help section that allows you to understand the basics of how to file a divorce independently. Usually, you do not need an attorney to complete these. However, if there are certain concerns in your particular case it is recommended to reach out to a local family law attorney.
The following is some basic personal information needed for the divorce:
One of the most important issues arises when there are children involved. This includes both biological and adopted children. For instance, if your spouse and you have no children together who are under 18, in high school, or disabled this may not apply to you. “Children together” refers to the children you had together, born before the marriage, and all children born or adopted during the marriage. This includes all children either spouse had during the marriage. No spouse is pregnant.
Furthermore, with children comes custody and visitation schedules. Parenting plans are a guide for how parties will handle child-related issues. With a parenting plan, parties – not the court – decide what is best for their family after considering the child’s unique needs and child’s best interest.
While parenting plans are child-focused, they also foster collaborative co-parenting, ensure the child’s continued relationships with each party, and give each party a chance to come up with solutions to problems. The primary goal is to provide predictability and structure for how the family will function when parties do not live together.
For the court, parenting plans provide insight into the family dynamic and assist to make child custody orders and modifications uniform and equitable. The hope is that a parenting plan will be a roadmap for how parties navigate conflict without needing to go to court.
It is important to include financial information in a divorce checklist because it will prevent you from other complications in the future. For instance, Iowa is considered an “equitable distribution” state.
This means that the court will divide all of the spouses’ property whether it was acquired before or after the marriage, except any gifts and inheritances received before or during the marriage. A portion of the property may be set aside in a fund for the support, maintenance, and education of any minor children. Marital fault is not a factor.
Moreover, a variety of factors are considered in any division of property, including, but not limited to:
Furthermore, when drafting and formulating the divorce checklist you need to include information about Real Property (House, Land, or Mobile Homes that are permanently attached to the ground). You also need to disclose any Personal Property (such as Cars, Mobile Homes not permanently attached to the ground), or Bank Accounts. You must also consider who owns the personal property and has filed the Divorce Agreement that lists how our property is divided. If either of you holds a Pension or Retirement Account, except for Social Security, or owns a Business, you cannot use these forms. Please seek an attorney first.
Lastly, it is a must to include debts and any obligations in the divorce checklist. The spouses must disclose all debts, regardless of who they believe will be responsible for them. The judge will determine which spouse is responsible to pay the debts and other obligations after considering any agreements between the parties.
Even if the judge orders one spouse to pay certain debts after divorce or legal separation, creditors are not bound by the court order established in Family Court and may seek payment from the other party if the party ordered to make the payments does not pay or files for bankruptcy. If this happens, the party may request relief from the Family Court, but only if a specific order was established for payment of the debt or obligation.
Spousal support (referred to as “alimony”) may be granted to either spouse for a limited or indefinite time, based on the following factors, including, but not limited to:
Furthermore, if you seek a name change as part of a pending divorce, include your request for a name change in your petition, and the court can include the change in the final decree. Even if you and your spouse agree to the terms of your divorce, the court must still review and approve those terms. It is crucial to note that you are not divorced until a judge signs the final “decree of dissolution of marriage.”
The Iowa Courts describe mediation as a method of alternative dispute resolution that allows the parties to collaborate with a neutral third party to come to a resolution outside of court.
Before granting a dissolution, the court may mandate that the parties participate in mediation. The cost of mediation is the responsibility of the parties. Mediation services are available throughout Iowa and other states as needed.
If you are filing for a divorce or thinking about it, a divorce checklist is essential to making an itemized list of all the issues important in a divorce. It can guide you in the long run and prevent you from making things more complicated as they already will be.
If you have any questions or concerns, it is advised to seek out a local divorce attorney to assist you with the process.
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