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ISSUES TO CONSIDER IN UNCONTESTED DIVORCES

The following are issues that you need to discuss with your attorney and are issues that you and your spouse will need to consider and determine when entering into an uncontested irreconcilable differences divorce:

  • Which parent will have physical custody of the children.
  • Which parent will have legal custody of the children or whether you and your spouse will share joint legal custody.
  • Visitation for the non-custodial parent.
  • Child support amount.
  • Which parent will provide and maintain medical, dental, vision and/or health insurance for the children.
  • Which parent will be responsible for any expenses not covered by insurance or whether these will be divided between the parents.
  • Whether you and your spouse agree to divide other expenses such as childcare costs, extracurricular activities fees, school fees, etc.
  • Whether you and your spouse agree to divide the costs of college expenses.
  • Who will claim the children as dependents on federal and state income taxes.
  • Alimony.
  • Who will remain in the marital home during the divorce proceedings.
  • Who will retain the marital home in the divorce or whether it will be sold and if it is sold how the proceeds will be allocated.
  • Division of real property.
  • Division of banking accounts, vehicles, furnishings and household items, and other personal property.
  • Whether there are items of separate property such as property brought the marriage, if is has not been converted to marital property, gifts and inheritances.
  • Division of investments such as stocks, bonds and savings accounts.
  • Division of retirement accounts, 401(k), pensions and IRA accounts.
  • Division of debt.
  • Whether income taxes will be filed jointly and what the allocation for taxes owed and refunds will be.
  • Whether either or both spouses should maintain a life insurance policy naming the former spouse as the beneficiary as protection for child support payments, alimony and/or other payments in the event of death.
  • Restraining provisions to ensure neither party harasses or threatens the other, speaks derogatorily about the other parent in the presence of the children and/or any other restriction on behavior in the presence of the children.
  • Whether the wife wishes to return to her maiden name.
  • Who will be responsible for the payment of attorney fees, court costs and expenses.
  • Whether you wish to change your Last Will and Testament, Power of Attorney and/or Health Care Directive.

Contact Us Today

For most legal matters, the most important element is time. Contact us today at our Batesville, Mississippi office at (662) 563-4613, or our Hernando, Mississippi office at (662) 429-5041.

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