Questions to Ask During Divorce

Considering whether you should end your marriage is one of the most important and difficult questions you will ask. It is important to approach the question from a rational perspective rather than an emotional one. In some ways, it is a business decision that requires you to consider many issues.

Children

With whom will the children live?
If the children live with your ex-spouse, how often will you be able to visit?
How will you and your ex-spouse make decisions concerning the children, such as their health and education?
Who pays for the children’s living expenses? Education? Travel?
How is the amount of child support to be paid by one party to the other party determined?
What if your ex-spouse remarries and the stepparent wants to adopt your children?

Maintenance

Will you receive or need to pay spousal maintenance? How much? How long?
Will either of the other parties’ support or the support of their children increase or decrease in the future due to the changed financial circumstances of either of the parties, economic conditions or other factors?
Who will be entitled to claim the children as exemptions or dependents for income tax purposes?

Home and Property

Who will live in the marital home during the divorce process?
How is the home currently owned? How was it acquired?
What are your assets? How did you acquire them? When?
Will one of the spouses keep the marital home or will it be sold? How will the proceeds be divided?
If someone keeps the home, will one of the parties deed their interest in it to the other?
If you decide to sell the home, will both spouses be involved in the sale and closing? Who decides the selling price or if a broker will be used?
Who will be responsible for major repairs and the costs of preparing the home for sale?
Who will be entitled to deduct the mortgage interest charges and real estate taxes for income tax purposes?
Who will be responsible for any income (capital gains) taxes which may be imposed as a result of the sale of the home?

Insurance

Should you keep life insurance for the benefit of your children?
Who will be the beneficiary of such insurance?
Will either party be obligated to provide medical or other insurance for the benefit of the other and if so, for how long?
Will either party be obligated to provide medical or other insurance for the benefit of the children and if so, for how long?
Who will be responsible to pay for 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

Who will be entitled to receive any refund that may be due on any past joint income tax returns filed by the parties?
If there is a deficiency on any past joint income tax returns, who will be responsible for it?
If you file joint income tax returns for the present year who will be responsible to pay any taxes due and who will be entitled to receive any amount refunded?

This list is not complete but it does give you some idea of what needs to be considered before making any final decisions concerning a divorce. It is always in your best interest to consult with an experienced Texas attorney, such as those at Slater, Kennon & Pugh Ltd.LLP, to make sure you understand all the pertinent issues and their legal impact on you. It’s in your best interest to think rationally and strategically about this enormous emotional issue in your life.

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