Considering whether you should end your marriage is one of the most important and difficult decisions you will ever encounter. It is important to approach the decision of a divorce from a rational perspective rather than solely an emotional one. In many ways, getting a divorce is a business decision that requires you to evaluate many issues. Once you review the list of divorce questions to discuss with your attorney, you may rethink the direction you are headed, or you will be better prepared to move forward while working with your divorce attorney.

Divorce Questions to Discuss With Your Attorney

Child Support and Child Custody

1. Who will the children live with?
2. If they live with your spouse, how often will you be able to visit them?
3. How will you and your ex-spouse make decisions about the children, such as their health and education?
4. Who pays for the children’s living expenses? Education? Travel?
5. How is the amount of child support to be paid by one party to the other parent determined?
6. What if your ex-spouse remarries and the stepparent wants to adopt your children?
7. Will child support increase or decrease in the future due to the changed financial circumstances, economic conditions, or other factors?
8. Who will be entitled to claim children as exemptions for income tax purposes?

Spousal Maintenance and Alimony

9. Will you receive spousal maintenance or need to pay it?
10. How much and for how long will you need to pay alimony?
11. Why will it be required?

Home, Property Division, and Assets

12. Who will live in the marital home during the divorce process?
13. How is the home currently owned?
14. How was the home acquired?
15. Will the home be kept or sold?
16. How will the proceeds be divided?
17. If one spouse keeps the home, will one of the parties deed their interest in it to the other?
18. If the home is to be sold, will both spouses be involved in the sale and closing?
19. Who decides the selling price or if a broker will be used?
20. Who will be responsible for major repairs and costs of preparing the home for sale?
21. Who will be entitled to deduct the mortgage interest charges and real estates taxes for income tax purposes?
22. Who will be responsible for any income (capital gains) taxes that may be imposed as a result of the sale of the home?
23. What are your assets?
24. How were the assets acquired?
25. When were the assets acquired?

Insurance

26. Should life insurance be kept for the benefit of the children?
27. Who will be the beneficiary of such insurance?
28. Will either party be obligated to provide medical or other insurance for the benefit of the other and if so, for how long?
29. Will either party be obligated to provide medical or other insurance for the benefit of the children and if so, for how long?
30. Who will be responsible for paying any medical, dental, drug, or hospital expenses of the children that are not reimbursed by any policies of insurance that either of the parties may have?

Income Taxes

31. Who will be entitled to receive any refund that may be due on any past joint income tax returns filed by the parties?
32. Who will be responsible for any deficiencies on past joint income tax returns?
33. Who will be responsible for paying any taxes due on a joint income tax return for the present year?
34. Who will be entitled to receive any amount refunded?

The divorce questions on this list are not exhaustive, but it does give you an idea about the issues that should be considered before making a decision to pursue a divorce. It is always in your best interest to consult with an experienced divorce attorney to make sure you understand all the relevant issues and their legal impact on you. It’s also in your best interest to think rationally and strategically about this enormous emotional issue in your life.

DISCLAIMER: This site and any information contained herein in intended for informational purposes only and should not be as legal advice. Seek competent legal counsel for advice on any legal matter.