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

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