Barry I. Besser, Attorney At Law

30 Years Successful Family, Criminal, and Civil Law Litigator

Divorce Attorney Orange County, CA 92868

Orange: (714) 978-1788
Newport Beach:(949) 476-3787
Fax: (714) 921-8857

Orange County Divorce Attorney Checklist for Clients

Areas for discussion with your attorney regarding your divorce in California

The list is general and broad in scope so it may not address all possible issues you should consider discussing with your attorney. It is not intended as specific legal advice in your case. Instead, it should be used as a tool to stimulate you to think of issues that need to be discussed as part of a negotiated settlement or in preparation for trial.

Custody And Visitation

  • Understanding the meaning of legal custody and physical custody
  • Developing a day-to-day parenting plan
  • Addressing a holiday and vacation schedule
  • Understanding the law on a parent's right to move with the children
  • Issues of physical or emotional abuse of the children or a party
  • Protecting the children and yourself when there is drug or alcohol related abuse
  • Specific medical, educational, or psychological issues regarding your children
  • Understanding and preparing you for your Mediation appointment

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Child Support

  • Amount of child support
  • Term of child support
  • Allocation of total support between the children
  • Effect of time-share on support
  • Child-care and private school expenses
  • Health insurance and non-covered health care expenses
  • Extra-ordinary or extra-curricular expenses
  • College Expenses
  • Wage assignments
  • Life Insurance or other security for the payment of support

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Spousal Support

  • Factors taken into consideration in determining spousal support
  • Amount of spousal support
  • Term of spousal support
  • Payment of support through wage assignment
  • Obligations of supported spouse to work towards becoming self-sufficient
  • When is Vocational testing or schooling appropriate
  • C.O.B.R.A. rights - maintenance of health insurance benefits after divorce
  • Life insurance or other security for the payment of spousal support
  • Tax effects of spousal support orders
  • Modification of spousal support orders

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Separate Property Assets

  • Assets owned prior to marriage
  • Gifts received during the marriage
  • Inheritances received during the marriage
  • Documentation you will need to substantiate claims
  • Effect of putting separate property funds into joint accounts
  • Effect of transferring title of separate property assets to the community
  • Rights to reimbursement of separate property funds

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Family Residence And Other Real Property

  • Retaining the family residence
  • Selling the family residence
  • Division of timeshare units, rental properties, or vacant land
  • Right to reimbursement for separate property contributions
  • Transfer of Titles
  • Liability on mortgages
  • Tax effects of division

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Division Of Personal Property

  • Household furnishings - methods for valuing and dividing
  • Vehicles - automobiles; motorcycles, boats, trailers - bluebook values; title and registration; insurance; liability
  • Bank accounts - checking, savings, CD, etc
  • Life Insurance- cash value or term; loans against
  • Stock/Bonds; valuation; division; and tax basis
  • IRAs and Other Investment accounts
  • Easily forgotten assets like Frequent Flyer Miles; Season Tickets

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Division Of Retirement And Employment Related Benefits

  • Type of Pensions -Defined Benefits; Defined Contributions, 401K, Stock Savings Plans, TSA accounts
  • Stock Options - How are they valued and divided?
  • Stock Purchase Plans
  • Right to Division of Sick Leave and Vacation Pay
  • Preparation of Qualified Domestic Relations Orders (Q.D.R.O.s) for the division of retirement plans
  • Survivor benefits and rights on retirement plans

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Business Assets

  • Type of Business Interest-Sole Proprietorship, Partnership, Limited Partnerships, Corporation
  • Tangible Assets - Bank Accounts, Equipment, Furnishings, Accounts Receivables
  • Intangible Assets - Goodwill
  • Business evaluations and costs
  • Determination of Community Property Interest
  • Manner terms, and interest on any buy-out
  • Security for the payment of any buy-out amount

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Division Of Debts

  • Your personal liability on debts
  • How to relieve yourself of any on-going responsibility for future debts incurred by your spouse
  • Methods of dividing the community debt equally
  • Secured and Unsecured debts and creditors rights
  • Effect of Hold harmless provisions for debts assumed by spouse
  • Epstein credits for payment of community debts after separation
  • Impact of a bankruptcy on you
  • Separating or establishing your own credit

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Tax Issues

  • How should you file taxes this year and options on tax filing status
  • Advantages and disadvantages of filing a joint return with your spouse
  • Right to claim dependency exemptions for children
  • Taxability of support
  • Liability for undeclared income of either party
  • Capital gains issues on the division of assets

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Attorney Fees And Costs

  • Factors considered by Court
  • Likelihood of an attorney fee order in your case
  • Type of sanctions and when they are available
  • Allocation between the parties for expert fees and costs
  • Manner of payment of fees

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Other Assets And Issues

  • Your rights if you later discover hidden assets
  • Restoration of Maiden Name
  • Reimbursement for contribution to educational expenses of one spouse
  • "Watts" charges for use of a community property asset during separation

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Domestic Violence And Restraining Orders

  • Recent Incidents of physical abuse during the marriage
  • Recent incident of domestic violence
  • Types of restraining orders available
  • When and how to have a spouse removed from the residence
  • Protection afforded by restraining orders; limitations of orders
  • List of who should receive a copy of the restraining orders

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This information is only an overview of some of the issues relating to issues that should ne discussed with your orange county divorce lawyer attorney. There are other factors and law that may apply to your particular case. This is not meant to be specific legal advise in your case.

"Remember, he who represents himself has a fool for a client."

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Barry I. Besser

Orange County Divorce Attorney

Attorney at Law

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