Divorce Information and Worksheet
Instructions : This worksheet is designed to be used by persons contemplating a divorce. It
may also be used by your attorney. Completing this form before your initial interview with
your attorney may save you valuable time and money.
Part 1 - Definitions – Terms and Explanations
Definitions – Terms and xpplanations
1. Complaint The pleading used to commence a divorce action that is fled with the court
clerk, usually in the county of residence of the parties.
2. Petition Same as complaint. Some States use the term Petition instead of complaint.
3. Plaintif
Or Petitioner The person who fles the complaint. May be called Petitioner if a Petition is
used instead of a complaint. If a Joint Complaint is allowed, the parties may
be called Co-Plaintifs or Co-Complainants.
4. Defendant
Or respondent The person who the complaint is fled against. This person is usually required
to answer the complaint within a certain number of days, or fle a waiver to
the complaint. After the complaint is fled, the defendant is usually served
with a copy of the complaint and a summons directing the defendant to
answer the complaint.
5. Co-Plaintifs When both parties sign the complaint in a divorce action it is called a Joint
Complaint or Joint Petition. Some states allow Joint complaints and some do
not.
6. Summons This is a document signed by the Court Clerk and served on the defendant. It
informs the defendant that a complaint has been fled and directs the
defendant to fle an answer within the required time.
7. Cover Sheet Some states require a cover sheet to be fled with the complaint, petition or
joint complaint which provides basic information about the parties and the
action. These are used by the court for easy reference and also sometimes
for statistic reporting. Some clerks will supply you with the required cover
sheet and others will direct you to where a copy can be obtained.
8. Information Sheet Same as Cover Sheet. Some states use the term Information sheet instead of
cover sheet.
9. Waiver of Process In cases where the defendant does not desire to fle an answer, or where the
defendant agrees to the divorce, the defendant will fle a waiver of process.
In states that allow a waiver of process, the waiver takes the place of the
summons and no summons is issued to you by the clerk when the complaint
is fled.
10. Entry of Appearance Often the defendant will include an entry of appearance with the waiver of
process and the forms are sometimes combined into a single form. The entry
basically provides that the defendant enters his or her appearance in the
case and may consent to an entry of divorce.
11. Court Clerk Courts have clerks who handle the court papers, hearings and other matters.
A complaint is fled with the Court clerk usually in the county of residence of
the parties. The clerk is the clerk of the court who handles domestic matters
in your county, such as the chancery clerk, Family Court Clerk, etc. There
may be more than one clerk in your county for diferent types of courts.
12. Waiting Period Some states have a waiting period from the time of fling the complaint
before the matter may be heard or a fnal judgment entered. If so, you
cannot set the case for trial or present a judgment of divorce until the waiting
period has expired.
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Definitions – Terms and xpplanations
13. Final Judgment The form which concludes the divorce is called a fnal judgment, i.e. Final
Judgment of Divorce or Dissolution of Marriage. It is presented to the Court
after all requirements to obtain the divorce have been met. In a no-fault
case, the fnal judgment may attach and incorporate the terms of a
settlement agreement or recite the provisions of a fled settlement
agreement. Same as Decree.
14. Dissolution Some states use the term dissolution of marriage instead of divorce. In those
States, the complaint and judgment will provide "Complaint for Dissolution of
Marriage" or "Final Judgment of Dissolution of Marriage.
15. Declaration Same as Complaint or Petition. Some States use the term declaration instead
of Complaint or Petition.
16. Military Afdavit Under a Federal Soldiers and Sailors’ Civil Relief Act, a divorce action may not
be allowed to proceed if the defendant is in the active military service. This
afdavit states that the defendant is not in the active military service and is
required to be fled in most States in order to show the Court that the action
can proceed because the defendant is not in the military.
17. UCJA Uniform Child Custody Jurisdiction Act - An act adopted by most states
determining which state’s courts have jurisdiction over custody matters.
18. Joint Custody Some States allow joint custody in certain cases where both parents are
entitled to care for and obtain information about the children. Support may
still be paid and joint custody may be equal or divided. Some courts do not
favor joint custody while others routinely accept it. Joint custody does not
necessarily mean equal time parenting. Depending on your state’s defnition,
it may simply mean both parents have meaningful involvement.
19. Physical Custody In States that use this term, it means the parent that will have physical
custody of the children. The other parent has visitation rights. The term Joint
Physical Custody is also used.
20. Legal Custody In some States, legal custody means that although one parent may have
physical custody, both parents have joint legal custody and are equally
entitled to make decisions regarding the health, care and general welfare of
the children, as well as have equal access to all information concerning the
children. Parties may have Joint Legal custody.
21. Custodial Parent Same as parent with physical custody.
22. Non-Custodial Parent Parent that does not have physical custody.
23. Child Support Amount of money usually paid to the custodial parent for the maintenance
and support of the children.
24. Child Support Factors In determining the amount of child support to be paid, the Courts and
statutes have looked to child support factors to determine the amount of
support, such as the income of the parties, age of children, etc.
25. Child Support
Guidelines All states now have child support guidelines to assist the Court and parties in
calculating the amount of child support that should be paid. If the guidelines
are followed, the chance of having the support amount the parties agree to
approved is increased. If the child support guidelines are not followed,
reasons must be provided as to why there should be a deviation form the
guidelines in the case. The deviation may be more or less than the
guidelines.
26. Visitation Right of the non-custodial parent to visit with the children, i.e. every other
weekend.
27. Settlement Agreement Agreement between husband and wife settling all property, child support,
custody, and other issues.
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Definitions – Terms and xpplanations
28. Residency
Requirement The length of time one or both parties reside in the State before a divorce
action may be fled.
29. No-Fault Uncontested agreed divorce.
30. Contested Divorce where one party does not consent to the divorce.
31. Jurisdiction The basis for the Court to hear a case.
32. Venue The proper county in which to fle the divorce.
33. Cooling Of Period Required time interval between the date of fling and entry of divorce.
34. Financial Statement Statement of parties’ assets, liabilities, and net worth. Some states also
include income and expenses.
35. Filing Fee A fee that is paid at the time of fling of the complaint.
36. Child Support
Worksheet Worksheet used to evaluate child support to comply with child support
guidelines.
37. Uncontested Agreed divorce or divorce where defendant does not appear.
38. Separate Property Property not considered marital property.
39. Marital Property Property acquired during the marriage.
40. Equitable Distribution Division of marital property between husband and wife.
41. Joint Property Property owned by husband and wife equally.
42. Answer Pleading fled to respond to a divorce complaint.
43. Discovery Fact-fnding process that takes place after the divorce complaint has been
fled, in order to allow the parties in the case to prepare for settlement or
trial .
44. Interrogatories Written discovery questions from one party to another.
45. Deposition Oral questions from one party to another.
46. Request for
Admissions Written questions in the form of asking a party to admit truth.
47. Fault Grounds Basis for divorce, such as adultery.
48. No-Fault Grounds Basis for divorce where there is no need to prove actual fault.
49. Irreconcilable
Diferences A typical no-fault ground for divorce.
50. Irretrievably Broken Same as irreconcilable diferences.
51. Deadlines Time within which action must be taken, such as fling an answer.
52. Hearing Presenting testimony before the judge.
53. Pleading Documents such as the complaint, answer, etc.
54. Joint Complaint Complaint fled by both husband and wife.
55. Alimony/spousal
support/maintenance Monetary award for the support of dependant spouse.
Part 2. - Your Personal Information
Personal Information
Your Name: U.S. Citizen Yes No
Address: Date of Birth:
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Social Security Number:
City: State: Zip:
Where do you presently live, if diferent than address above?
How long have you lived at your present address?
How long did you live at former address, if applicable?
Birth State and County
Have you ever lived in a community property state? Yes No
If yes, what state?
Do you have a known future residence address? Yes/No
If yes, list address:
Education level
Describe your
physical condition
and any health
problems you may
have.
Describe any
emotional
problems you may
have.
xmployment
Where are you employed?
Position
Address City State Zip
Phone Fax
How long employed at present employer?
Previous employer: Position:
Address City State Zip
Education
Educational Level Degrees
Part 3. - Spouse Personal Information
Personal Information – Spouse
Spouse Name: U.S. Citizen Yes No
Address: Date of Birth:
Social Security Number:
City: State Zip
Where does spouse presently live, if diferent than address above?
How long has spouse lived at present address?
How long did spouse live at former address, if applicable?
Birth State and County
Has spouse lived in a community property state? Yes No
If yes, what state?
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Does spouse have a known future residence address? Yes/No
If yes, list address
Education level of
spouse.
Describe spouse’s
physical condition
and any health
problems he/she
may have.
Describe any
emotional
problems spouse
may have.
Spouse xmployment
Where is spouse employed?
Position
Address City State Zip
Phone Fax
How long employed at present employer?
Previous employer: Position:
Address City State Zip
Education
Educational Level Degrees
Part 4. - Marriage
Marriage
Place of Marriage
Have you ever been separated from your spouse before? Yes No
If yes, please provide dates and details of separation.
Are you now separated from your spouse? Yes No
If yes, provide details of separation.
What was date of separation?
Part 5. - Children
Children
Name Date of Birth
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In what city and state were the children born?
Has there ever been any prior litigation regarding the custody of the children? Yes/No. If yes, please
explain:
Where do the children reside now? Husband Wife How long?
Are there any special issues or circumstances to be considered
regarding the children? (Medical problems, etc.) Yes No
If yes, please explain:
Do the parents agree to terms of custody/visitation? Yes No
Do the parents
agree to
custody/visitation? If Yes, please select:
Sole custody to Wife with reasonable visitation to Husband
Sole custody to Husband with reasonable visitation to Wife
Joint custody to Husband and Wife
Other-(describe)-
Yes No
What is address where children presently reside?
Is wife pregnant? Yes No
If yes, what is due date?
Do the children how any special medical needs? Yes No
If yes, please explain:
Children’s Doctor
Address
City State Zip
Do the children require any special educational needs? Yes No
If yes, provide details.
Please provide day care address and how often the children are kept in day care, if applicable.
Please provide the name and address of any third party who routinely keeps or cares for the children.
Dentist Name:
Address City State Zip
Has there ever been any claim, allegation, investigation or litigation regarding child neglect or abuse?
Yes No If yes, please explain:
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Part 6. - Prior Marriages
Your Prior Marriages
Name Date of Marriage Date of Divorce County/State of Divorce
Children from prior marriages?
Name Date of Birth
Do you pay support? Yes No If yes, what amount and
how paid?
Do you pay alimony? Yes No If yes, what amount and
how paid?
Your Spouse Prior Marriages
Name Date of Marriage Date of Divorce County/State of Divorce
Children from prior marriages?
Name Date of Birth
Does spouse pay
support? Yes No If yes, what amount and
how paid?
Does spouse pay
alimony? Yes No If yes, what amount and
how paid?
Part 7. Income
Income of Husband (Monthly)
Monthly Yearly
Salary
Dividends
Rental Income
Notes Receivable
Bonuses
Business
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Income of Husband (Monthly)
Monthly Yearly
Commissions
Other
Total Income
Deductions from Income
Gross Pay
Less Social Security
Less Federal Withholdings
Less State Withholdings
Other Deductions
Net Pay
Income of Wife Monthly Yearly
Salary
Dividends
Rental Income
Notes Receivable
Business
Bonuses
Commissions
Other
Total Income
Deductions from Income
Gross Pay
Less Social Security
Less Federal Withholdings
Less State Withholdings
Other Deductions
Net Pay
Part 8. - Monthly Expenses
Monthly xppenses (Average)
Who Pays Total
House Payment to
Rental Payment to
Car Loan to
Car Loan to
Electricity
Gas (Home)
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Monthly xppenses (Average)
Who Pays Total
Phone
Water/Garbage/Sewer
Groceries/Housewares
Cable TV
Internet
Laundry
Meals (other than house)
Clothing
Donations
Pest Control
Day Care
Gas/Oil/Auto Care
Entertainment
Property Taxes
Property Insurance
Health Insurance
Disability Insurance
Vacation
Education
Medical/Dental/Prescriptions
Student Loans
Other:
Total Monthly xppenses $ $
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Part 9. - Joint Assets
JOINT ASSxTS: DxSCRIPTION OF JOINT ASSxTS
(To avoid confusion at a later date, describe each item as clearly as
possible. These are considered marital assets and owned by both
Husband and wife.) Current Fair Market
Value
Cash (on hand) $
Cash (in banks/credit unions)
Stocks/Bonds
Notes (money owed to you in writing)
Money owed to you (not evidenced by a note)
Real estate: (Home)
(Other)
Business Interests
Automobiles
Boats
Other vehicles
Retirement plans (Proft Sharing, Pension, IRA, 401(k)s, etc.)
Furniture & furnishings in home
Furniture & furnishings elsewhere
Collectibles
Jewelry
Life insurance (cash surrender value)
Sporting and entertainment (T.V., stereo, etc.) equipment
CD's
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JOINT ASSxTS: DxSCRIPTION OF JOINT ASSxTS
(To avoid confusion at a later date, describe each item as clearly as
possible. These are considered marital assets and owned by both
Husband and wife.) Current Fair Market
Value
Other assets
Total Assets of Husband and Wife (Marital Assets) $
Part 10. - Retirement Accounts
Retirement Accounts Account Number Current Fair Market
Value
Husband Accounts:
Wife Accounts:
Part 11 . - Separate Assets of Husband
ASSxTS: DxSCRIPTION OF SxPARATx ASSxTS OF HUSBAND
(To avoid confusion at a later date, describe each item as clearly as
possible.) Current Fair Market
Value
Cash (on hand) $
Cash (in banks/credit unions)
Stocks/Bonds
Notes (money owed to you in writing)
Money owed to you (not evidenced by a note)
Real estate: (Home)
Date Acquired Purchase Price:
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ASSxTS: DxSCRIPTION OF SxPARATx ASSxTS OF HUSBAND
(To avoid confusion at a later date, describe each item as clearly as
possible.) Current Fair Market
Value
(Other)
Business interests
Automobiles
Boats
Other vehicles
Retirement plans (Proft Sharing, Pension, IRA, 401(k)s, etc.)
Furniture & furnishings in home
Furniture & furnishings elsewhere
Collectibles
Jewelry
Life insurance (cash surrender value)
Sporting and entertainment (T.V., stereo, etc.) equipment
CD's
Other assets
Total Assets of Husband $
Part 12. - Separate Assets of Wife
ASSxTS: DxSCRIPTION OF SxPARATx ASSxTS OF WIFx
(To avoid confusion at a later date, describe each item as clearly as
possible. ) Current Fair Market
Value
Cash (on hand) $
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ASSxTS: DxSCRIPTION OF SxPARATx ASSxTS OF WIFx
(To avoid confusion at a later date, describe each item as clearly as
possible. ) Current Fair Market
Value
Cash (in banks/credit unions)
Stocks/Bonds
Notes (money owed to you in writing)
Money owed to you (not evidenced by a note)
Real estate: (Home)
(Other)
Business interests
Automobiles
Boats
Other vehicles
Retirement plans (Proft Sharing, Pension, IRA, 401(k)s, etc.)
Furniture & furnishings in home
Furniture & furnishings elsewhere
Collectibles
Jewelry
Life insurance (cash surrender value)
Sporting and entertainment (T.V., stereo, etc.) equipment
Other assets
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ASSxTS: DxSCRIPTION OF SxPARATx ASSxTS OF WIFx
(To avoid confusion at a later date, describe each item as clearly as
possible. ) Current Fair Market
Value
Total Assets to Wife $
Part 13. - Liabilities of Both Husband and Wife
LIABILITIxS AND DxBTS: DxSCRIPTION OF
DxBT(S) OF BOTH HUSBAND AND WIFx.
INDICATx WHxTHxR DxBT IS HUSBAND'S,
WIFx'S OR BOTH
(To avoid confusion at a later date, describe
each item as clearly as possible. ) Debt of
H, W, B Monthly
Payment Current Amount
Owed
Mortgages on real estate: (Home)
(Other)
Charge/credit card accounts
Auto loan
Auto loan
Bank/credit union loans
Money you owe (not evidenced by a note)
Judgments
Other
Total Debts and Liabilities of Husband and
Wife $ $
Part 14 - Inheritance
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Property Acquired by Inheritance
Describe property inherited by husband (please provide dates)
Describe property inherited by wife (please provide dates)
Part 15 - Documents that may be needed, especially if the divorce is contested.
Documents (May be needed)
Federal, State, and Local Tax Returns
Payroll and W2 Forms
Deeds
Business Tax Returns
Mortgages
Leases
Bank Account Records
Stock Certifcates
CD’s
Auto Titles
Insurance Petitions
Appraisals
Birth Certifcates
INS Documents
Social Security Card
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Documents (May be needed)
Marriage License
Prior Divorce Documents
Any and all documents relating to income, expenses
and assets.
Premarital Agreement, if any, as well as any other
written agreements between Husband and Wife
Part 16 - Settlement Worksheet
Property Settlement Agreement Worksheet
Who will receive title to the marital home? H W
Who will pay monthly payment on marital home? H W
Who will pay the utilities for the marital home? H W
What marital assets will husband receive?
What marital assets will wife receive?
What marital debts will wife pay?
What marital debts will husband pay?
What separate property of husband will wife receive?
What separate property of wife will husband receive?
What separate debts will be paid by husband?
What separate debts will be paid by wife?
Custody of children:
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Property Settlement Agreement Worksheet
Custody to wife with visitation to husband Joint Physical and Legal Custody
Custody to husband with visitation to wife Joint Legal Custody
Custody to wife with visitation to Husband
Visitation times for non-custodial parent:
Parents will share in the decisions regarding the health of the
Children? Equally Only ______
Parents will share in the decisions relating to education of the
Children?
Parents will share in the decisions relating to the religion of the
children? Equally Only ______
Will non-custodial parent be notifed before decisions regarding health and
education? Yes No
Will non-custodial parent be entitled to access to medical, dental and
educational records of the children? Yes No
Will Grandparents have specifed visitation rights? Yes No
If yes, please provide names and details of visitation desired?
Will the last name of the Children remain the same? Yes/No. If no, please explain:
Child Support:
Child support will be paid by H W
Amount of child support
When paid One Month Every two weeks
Health Insurance
Who will pay health insurance for child? H W
Alimony
Will Alimony be paid? Yes No
If yes, who will pay? H W
How often will alimony be paid?
When will alimony stop, if certain period of time?
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Property Settlement Agreement Worksheet
Other Settlement Provisions:
Part 17 . Typical No Fault Procedures
No Fault Procedures
1. A Complaint, Petition or Joint Complaint is fled in the County of your residence. Some states allow a
joint complaint while others do not. In states that do not allow a joint complaint, one party will fle a
complaint or petition for divorce or dissolution of marriage.
2. At the time of fling the complaint a fling fee is paid. Some courts require a cover sheet providing basic
information about the case. Ask your clerk for this form if the clerk states one is required.
3. If you are using a Complaint instead of a joint complaint, the defendant will be served with a summons
to answer the complaint or will execute a waiver of summons and entry of appearance. Some states
require that a summons be issued, while others will allow a defendant to fle a waiver. Ask your clerk.
4. If a summons is required, the Defendant may fle an answer admitting that a divorce should be granted
based upon an agreement of the parties. An answer is not required in all states.
5. After the complaint and the waiver or answer are fled, you need to determine how to present a
judgment of divorce to the court. Some states have a waiting period, such as no judgment may be
presented until 60 days after the complaint is fled.
6. After the waiting period has expired, ask the clerk or court administrator for the proper procedure to
present the judgment to the judge. Some states require an actual hearing, some will allow the divorce to
be presented on afdavit and others require no evidence beyond the contents of the complaint.
7. Present the Separation Agreement and Judgment to the Judge.
Part 18 - Witness Testimony
Summary: Some states require actual testimony, even in a no fault divorce. The sample below is only a sample
of questions that a witness may be asked in an uncontested divorce.
Witness Testimony – Sample Questions and Answers
1. Please state your name.
Answer:
2. Where do you live (address)?
Answer:
3. How long have you lived there?
Answer:
4. Do you know _______________ and ___________________?
5. How long have you known them?
Answer:
6. Do you know where they live?
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Witness Testimony – Sample Questions and Answers
Answer:
7. What county and State do they live in?
Answer:
8. How long have they lived there?
Answer:
9. Have you been in their house before?
Answer:
10. How many times?
Answer:
11. To your knowledge, are Husband and Wife now separated?
Answer:
12. Do you know when they separated?
Answer: Yes/No When?
13. Do you understand that ________________ and _________________ are asking the court for a divorce on the
grounds of __________________?
Answer:
14. Can you tell the court what you know about the parties and the ground they seek to use to obtain a
divorce?
Answer:
15. Do you believe the parties are entitled to a divorce on the ground of ________?
Answer:
Part 19. Sample Presentation of Divorce Complaint to Judge – Ex parte, in open Court where no witnesses
are required, or before Presenting Witnesses
Sample Presentation of Divorce – No fault No Children
1. Court Clerk, Administrator or Judge Calls Case and asks if parties are ready.
2. Your Honor, My name is ____________ and I am the [Plaintif, Petitioner, Joint Complainant] in this case. I
am ready to proceed.
3. Judge advises you to proceed.
4. I am requesting a divorce from ____ on the grounds of ________________. Or ______________ and I are
requesting a divorce on the grounds of __________________.,
5. I have fled a Complaint/petition on ________ with the court clerk. Or. __________ and I have fled a joint
complaint for divorce with the clerk on __________.
6. If Complaint or Petition state, After fling the Complaint, ______________ was served with summons or
entered a waiver of process and entered an appearance.
7. ______________ and I have lived in ___________ County ____________ for _____ years/months prior to fling
for divorce.
8. There were no children born to the marriage, none adopted and _______, wife, is not pregnant.
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Sample Presentation of Divorce – No fault No Children
9. _____________ and I have agreed on all terms of the divorce, including property settlement, payment of
debts, and other terms required by __________ law.
10. We have executed and fled a Property Settlement Agreement containing all terms of our agreement
to settle the divorce.
11. The agreement basically provides that: (summarize main parts of agreement)
Child Custody and Visitation
Child Support
Alimony
Property Division
Debt Division
12. I am presenting to the Court today a Final Judgment of Divorce which incorporates the terms of our
agreement and asking the court to enter same if it is in acceptable form and content.
Part 20 – Complete if Child Custody will be contested (add questions and answers you determine or think
are relevant).
Summary: When custody of the children is contested, the courts look to various factors to determine
who best can care for the health, education and welfare of the children. Although factors vary to some
degree from state to state (and particular judge), the primary factors are more or less uniform as a
practical matter. Below are statements/factors to consider:
1. Age of the Children.
2. Sex of the Children.
3. Education level of the children.
4. Recommendations from others to the court.
5. History of child violence
6. Mental and Physical condition of the parents.
7. Mental and Physical condition of the children.
8. Preference of child of later years. i. e. 12 above, 14 above.
9. Stability of home environment ofered by each parent.
10. Ability each parent displays to cooperate with the other parent regarding the children.
11. Possibility of children being removed from the home and residence and efect, if any, on the
children.
12. Material needs of the Children.
13. Emotional connection between children and each parent.
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14. Capability and desire of parent to meet the emotional and other needs of the children.
15. Various other factors.
16. Children's relationship to each other.
Child Custody
Husband Wife Both
1. Who helps children with homework?
2. Who takes children to school?
3. Who takes children shopping?
4. Who disciplines the children?
5. Who do the children go to for advice?
6. Who prepares meals for the children?
7. Who reads to the children?
8. Who encourages religious training?
Part 21. – Child support
Summary : Typically, most states have enacted child support guidelines which establish the amount of
child support that is presumed to be the correct amount due. This presumption may usually be rebutted
however, by a showing that the application of the guidelines in the particular case would result in an
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inappropriate or unjust outcome. In most states, should the court determine that the application of the
guidelines would be unjust or inappropriate, the court is required to state in writing the amount due under
the guidelines and the specifc reasons for deviating from the guidelines. The courts will often also require
that the party receiving child support acknowledge the amount which would have been due under the
guidelines. In addition, most states require that health insurance be maintained for the child if reasonably
available from a party’s employer or other means, or require the party to obtain such insurance as soon as
it becomes reasonably available.
Some of the factors the court may consider in deviating from child support guidelines include:
1. The fnancial means, circumstances and standard of living of both parentsi
2. The fnancial means and circumstances of the childi
3. The standard of living the child would have enjoyed had the marriage continuedi
4. The age, health, emotional and physical condition of each parenti
5. The age, health, emotional and physical condition of the childi
6. The material and educational needs of the childi
7. Custody arrangements for the child, including day care costs.
The above listed factors are just some of the issues that may be considered by the court and are in no
way exclusive. The court may consider any factor it deems relevant and the child’s best interests will
always be the court’s main consideration.
In most states, an award of child support terminates upon the child reaching the age of majority,
although many states include provisions which permit the award to continue should the child remain in
school.
Part 22. - Visitation
Summary : When minor children are involved in a divorce action, both parents must be mindful of
the efects of divorce upon children and should therefore resolve to arrange a visitation schedule which
encourages the child to develop meaningful relationships with both parties. The parents should also
understand that visitation is not an issue to be used as a weapon against the other spouse, but rather a
tool to be used to assist the child in his or her healthy development as a person. It is in the child’s best
interests to have a frequent, meaningful, and continuing relationship with both parents. For children to
make an adequate adjustment to the divorce, the children must be allowed to continue their relationship
with both parents without experiencing post-divorce confict between their parents. If necessary, both
parents should consider mediation or counseling as a way to resolve any thorny issues which prevent the
parties from amicably resolving their diferences.
The following are several guiding principles which each parent should consider in constructing a visitation
schedule for the child:
1. Visitation should be pleasant for the children and for the parent. Visitation should help the children
maintain a good relationship with the non-custodial parent.
2. Visitation should provide meaningful personal contact for both the visiting parent and the children.
3. Visitation should not be used to check on the other parent and the children should not be
questioned for information about the other parent.
4. Both parents should strive to agree on matters pertaining to the children, including discipline, so
that one parent is not undermining the other parent's eforts.
When drafting visitation arrangements between parents, there are many issues that will arise that the
parents should attempt to resolve in the initial agreement regarding visitation. Steps taken now to resolve
future conficts will beneft both parents and children alike. Examples of such issues and suggested ways
of resolving them include:
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1. Conflicts Between Regular Weekend, Holiday, and xptended Summer Visitation.
When there is a confict between a holiday weekend/summer visitation and the regular weekend visitation,
the parents should agree on the method of resolving the confict ahead of time to prevent any confict that
might arise. A suggested method of resolving the confict is that the holiday/summer visitation would take
precedence and the regular visitation schedule would resume the following weekend. This type of
agreement would prevent any problems from arising if the non-custodial parent misses a regular weekend
because of holiday/summer visitation.
2. Appropriate Conduct By Parents . Oftentimes in divorces, particularly when the divorce
is not amicable, children are subjected to conduct by the parents which is not conducive to developing
harmonious relationships with each parent. Parents should at all times avoid speaking negatively about
each other and should frmly discourage such conduct by relatives or friends. Each parent also should
encourage the children to support the other parent. These basic rules of conduct and discipline should be
the baseline standard for both parents, and consistently enforced by both, so that the children do not
receive mixed signals.
3. Parental Communication. Parents should agree at all times to keep each other advised of
their home and work addresses and telephone numbers. So far as possible, all communication concerning
the children should be conducted between the parents in person, or telephonically at their residences (and
not at their places of employment). Every efort should be made to ensure that the parties cooperate with
each other and keep each other informed and abreast of any event relating to the child.
4. Grade Reports and Medical Information. Over the course of time, there will be many
occasions in which reports, exams and other information regarding the child are produced. The parents
should come to an agreement by which the grade reports, notices from school, medical reports, etc. are
shared with the non-custodial parent as they are received and permit the non-custodial parent to
communicate concerning the children directly with the school and with the children's doctors and other
professionals, outside the presence of the custodial parent. Each parent should agree to immediately
notify the other of any medical emergencies or serious illnesses of the children. The custodial parent
should agree to notify the non-custodial parent of all school or other events (like Church or Scouts)
involving parental participation. If the children are taking medications, the custodial parent should provide
the non-custodial parent with a sufcient amount of the child’s medicine and appropriate instructions
regarding such medication during visitation.
5. Visitation Clothing. In an efort to resolve any issues relating to the clothing of the child
during visitation, the custodial parent should agree to send an appropriate supply of the children's clothing
with the child during visits, which shall be returned clean (when reasonably possible), with the children, by
the non-custodial parent. The non-custodial parent should agree to notify the custodial parent, as far in
advance as possible, of any special activities so that the appropriate clothing may be sent.
6. Visitation or Support Disputes. Because it is in the child’s best interest to have
frequent, meaningful and continuing contact with his or her parents, both parents should agree and
understand that neither visitation nor child support is to be withheld because of either parent's failure to
comply with a court order. The children have a right to both support and visitation, neither of which is
dependent upon the other. In other words, failure to pay support should not mean no visitation and no
visitation should not mean no support. If there is a violation of either a visitation or a support order, the
parents must agree that their exclusive remedy is to apply to the court for appropriate sanctions, and not
punish the child for the acts of either parent.
7. Adjustments to This Visitation Schedule. Although a rather specifc schedule should be
drawn up regarding child visitation, the parties should agree to fairly modify visitation when family
necessities, illnesses or commitments reasonably so require. The requesting party should give as much
notice as circumstances permit in order to prevent any unnecessary problems from arising.
8. Pickup and Drop-of. One of the biggest sources of confict arising out of visitation is the
pick-up and drop-of of children. Unless other arrangements are made, the parties should agree that the
non-custodial parent should pick up the children at the times specifed and return them at the times
specifed. The custodial parent should have the children ready for visitation at the time they are to be
picked up and should agree to be present at the home to receive the children at the time they are
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returned, unless provisions are made for grandparents, current spouses or other appropriate adults known
to the children to be present. Each parent should agree to be responsible and as punctual as possible
regarding this issue to minimize confict.
9. xptracurricular Activities. Children are often involved in sports, lessons, and other
extracurricular activities which are generally to their beneft and enjoyment. Each parent must recognize
that a reasonable amount of extracurricular activities are generally assumed to be in the children's best
interests and should therefore attempt to be as fexible as possible in order to accommodate the children's
extracurricular activity schedules. Extracurricular activities should not supersede summer visitation with
non-custodial parents, however, nor should they be used as a method by which to deny access to the non-
custodial parent. In recognition of the scheduling difculties that can be caused by children's
extracurricular activities, the custodial parents should act in good faith in attempting to schedule such
extracurricular activities as not to unreasonably infringe upon the non-custodial parent's access to the
children. Likewise, the non-custodial parent should act in good faith in attempting to assist in
transportation needs and in accommodating the children's extracurricular schedules as much as
reasonably possible. Good faith communication by the parents is essential with regard to the difcult issue
of the scheduling of children's extracurricular activities.
10. Notice of Canceled Visitation. It is inevitable that there will be occasions when visitation
must be cancelled or shortened due to an unforeseen event or occurrence. In order to minimize the
inconvenience to the other parent, whenever possible, the afected parent should agree to give a
minimum of three (3) days notice of his or her intent not to exercise all or part of the scheduled visitation.
When such notice is not reasonably possible, the maximum notice permitted by the circumstances, and
the reason therefore, should be given. The custodial parent should give the same type of notice when
good cause exists, making the cancellation or modifcation of scheduled visitation necessary.
11. Missed Visitation. In the event the non-custodial parent misses visitation as the result of
illness of the child or parent, an emergency, or other such reasonable excuse, the parties should resolve to
make a good faith efort to make up a portion of that visitation within a reasonable period of time,
understanding the importance of the non-custodial parent's continuing and frequent contact with the
children. The parties should consider an agreement similar to the method of resolving conficts between
regular and holiday visitation as a way to prevent any disagreements from arising.
12. Caretaker Provision. As a method of holding down child care costs and of permitting
additional time with the child, each parent should agree to grant to the other the right of frst refusal for
childcare or baby sitting needs of the other parent for durations of four hours or more. Whenever either
parent has a need for child care or baby sitting for a duration of four hours or more, that parent should
always make a good faith attempt to frst inquire of the other parent, with as much advance notice as
reasonably possible, as to whether the other parent desires to provide child care or baby sitting. The other
parent would be under no obligation to provide the childcare or baby-sitting, and if the other parent elects
to provide such childcare or baby-sitting, it should be done at no cost.
13. Telephone and Mail Privileges. Each parent should agree to allow liberal and reasonable
telephone and mail privileges with the children in order to foster as much communication between child
and parents as possible.
14. Medical Reports and Bills. Every visitation agreement should contain provisions
regarding the sharing of copies of all medical information, and documentation, including bills, preferably
within seven (7) days of their receipt, and each parent should agree to immediately notify the other parent
in the event of a medical emergency.
15. Abatement of Support During xptended Visitation. The parents should consider
including provisions which would provide that if the non-custodial parent's support obligation is current, his
or her support obligation would be reduced by 50 percent during any visitation of seven (7) consecutive
days or more. The agreement could also provide that if support is not current, the reduction would not
apply.
16. Modification. Any visitation agreement should include a provision regarding the
permanent revision or modifcation of the visitation agreement. It is recommended that the parties agree
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that no permanent modifcation or revision to the agreement may occur without Court approval. Inclusion
of this provision will aid in the future resolution of any conficts regarding changes to the visitation
schedule.
17. Removal of child. Each parent should agree that neither parent may take the child(ren)
from the custody of the other parent or any child care provider or other person entrusted by the other
parent with the care of the child(ren) without the agreement of the other party during the other party’s
time of parental responsibility or visitation.
Sample visitation schedule- Included here is a sample visitation schedule which may be used as
a guide in constructing your own agreement. Provisions regarding number of visits, hours of each visit,
holidays, etc. should be modifed as needed. Additional provisions should be included as agreed to
between the parties.
Birth to 1 Year of Age
i) Non-custodial parent shall have four (4) visits with the child per week, with such contact
lasting four (4) hours in length.
ii) If the child is taken from the home of the custodial parent, the child shall be returned at
least one (1) hour before evening bedtime.
iii) Holiday Access
Holiday access takes precedence over the regularly scheduled visitation plan.
The non-custodial parent shall be entitled to the following:
On each child's birthday from 5:00 p.m. until 8.00 p.m.i
Memorial Day Monday from 2:00 p.m. until 6:00 p.m.i
Labor Day Monday from 2:00 p.m. unti1 6:00 p.m.i
Thanksgiving Day from 2:00 p.m. until 6:00 p.m.i
Christmas Day from 2:00 p.m. until 6:00 p.m.i
Independence Day from 2:00 p.m. until 6:00 p.m.i
Mother's Day with Mother from 2:00 p.m. until 4:00 p.m. and Father's Day with Father
from 2:00 p.m. until 4:00 p.m.
1 Year of Age to 5 Years of Age
i) The non-custodial parent shall have access on alternate weekends from Friday at
6:00 p.m. until Sunday at 6:00 p.m.
ii) Additionally, the non-custodial parent shall be permitted one (1) week night each and
every week with the child from 5:30 p.m. until 7:30 p.m.
iii) Holiday Access
Holiday access takes precedence over the regularly scheduled access/visitation plan.
The non-custodial parent shall be entitled to the following:
In years ending in an odd number:
The night before each child's birthday from 5:00 p.m. until 8:00 p.m.i
Memorial Day Monday from 9:00 a.m. until 6:00 p.m.i
Independence Day from 9:00 a.m. unti1 6:00 p.m.i
Thanksgiving Day from 9:00 a.m. until 6:00 p.m.i
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Christmas Eve from 6:00 p.m. until Christmas Day at 10:00 a.m.i
In years ending in an even number:
Each child's birthday from 5:30 p.m. until 7:30 p.m.i
Easter from 8:00 a.m. unti16:00 p.m.i
Labor Day Monday from 9:00 a.m. until 6:00 p.m.i
Halloween evening from 5:30 p.m. until 8:00 p.m.i
Christmas Day from 10:00 a.m. until 7:00 p.m.
iv) Summer Visitation
The non-custodial parent shall have one (1) week of vacation with the children each
June, July and August of each year. The non-custodial parent shall notify the
custodial parent in writing no later than May 1 of each year as to the specifc weeks
of such summer visitation.
5 Years of Age and Beyond
i) Non-custodial parent shall have access with the child on alternate weekends from
Friday at 6:00 p.m. until Sunday at 6:00 p.m. and on the Wednesday preceding the
weekend access from 5:30 p.m. to 7:30 p.m.
ii) In addition, the non-custodial parent shall have access with the child during the week
immediately following the weekend visitation on Tuesday and Thursday evening from
5:30 p.m. until 7:30 p.m.
iii) Holiday Access:
Holiday access takes precedence over the regularly scheduled access/visitation plan.
The non-custodial parent shall be entitled to the following:
In years ending in an odd number:
The night before each child's birthday from 5:00 p.m. to 8:00 p.m.i
Spring Break from Friday at 6:00 p.m. to the Sunday prior to the start of school at
6:00 p.m.i
Memorial Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Mondayi
Independence Day from 6:00 p.m. on July 3 until 6:00 p.m. on July 5i
Thanksgiving holiday from 6:00 p.m. on Wednesday until 6:00 p.m. on Sundayi
From 6:00 p.m. on December 26 until 6:00 p.m. on January 1st.
In years ending in an even number:
Each child's birthday from 5:30 p.m. until 7:30 p.m.i
Easter weekend from 6:00 p.m. on Good Friday until 6:00 p.m. on Easter Sundayi
Labor Day weekend from 6:00 p.m. on Friday until 6:00 p.m. on Mondayi
Halloween evening from 5 :30 p.m. until 9:00 p.m.i
Christmas holiday from 6:00 p.m. on December 20 until 6:00 p.m. on December 26.
iv) Mother's Day/Father's Day
The mother shall have access every Mother's Day weekend from Friday at 6:00 p.m.
until Sunday at 6:00 p.m.i the father shall have access every Father's Day weekend
from Friday at 6:00 p.m. until Sunday at 6:00 p.m.
v) Summer Visitation:
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The non-custodial parent shall have fve (5) weeks of summer visitation with the child
to be taken in no more than two (2) week intervals and with such weekly or two (2)
week visits to be nonconsecutive. The non-custodial parent shall notify the custodial
parent in writing no later than May 1 of each year as to the specifc weeks of such
summer visitation.
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END
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