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What Terms should I ask for?

 We married in mid-July 2009 then separated after one month and a half, only days after we learned I was pregnant. He moved out. The house is in my name alone and was purchased by me before we met. He got a  fulltime job Dec 2010 with benefits and life insurance and 401K. For the baby, we reunited and he moved back in May of 2011.  He moved out again, in the first week of Jan 2012. I filed for divorce Jan. 12.  We live in a no-fault state. I just got a better-paying job and earn double what he does. We had only one child, who is now nearly two years old. What terms should we include in our divorce agreement? For example, my friend who went through a divorce years ago wishes she had added things like right of first refusal, and made mutually agreed expenses apply only for amounts over $250

by Tinder   59 Posts 
Posted on 2/11/2012 5:12 PM
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Answers for "What Terms should I ask for?"  (8) (You must be logged in to answer)




Tinder, we both are at the exact same point in our custody seems like..hang in there...we will get through this. Thanks Spaz for the points. I am in need of the same thing too with my custody and parenting plan. I am working on my proposal although stbx and his lawyer already are saying no for the corporal punishment clause. Can you send me your detailed plan please....it would really help me. My lawyer didnt tell me anything about the ROFR clause and I am so glad I saw this post..I so want that clause in my order for sure.
by needhlp   53 Posts
Posted on 2/19/2012 8:40 PM
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Few more

where pick up and drop off will occur and who can come (ie - no significant others unless related by blood or marriage)

telephone communication when child is in the other's care

Right of first refusal - if parent with custodial time can't care for the child for a period of 5 hours or more, the other parent must be contacted first before any other care giver and given the option of caring for the child.

Who claims the child on taxes

right to information for both parents from any care facility or school

rights of future step parents

no entry into the other parent's home unless invited to do so

names of emergency contacts

If you want to send me your e-mail address in a PM (the email system at the top right corner of your page by your name) I'm MORE than happy to send you the comprehensive parenting plan I wrote when I was an attorney that you can modify to suit your needs.

by spaznskitz   10634 Posts
Posted on 2/13/2012 9:16 PM
1





Thank you Sapz - yes, W2T, she answered fully my questions - THANK YOU SPAZ! I will carefully work on resolving this with stbx. Thankfully we are agrreing to make this uncontested and as smooth as possible. Neither of us are out to get each other. Many many thanks Spaz for your input. Once I complete a draft proposal I have engaged an attorney to review it.
by Tinder   59 Posts
Posted on 2/12/2012 3:00 PM
1





You gotta love having Spaz here. Listen to what she tells you for she knoweth about what she speaketh...........Zen Hugs
by worried2tears   2240 Posts
Posted on 2/12/2012 10:41 AM
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joint what? both physical and legal? or does one of you hold the tie breaking decision if you don't agree, or do you go to mediation? (dispute resolution)

who is going to cover med insurance, and how the extras that aren't covered are handled

how extra curricular expenses will be handled (sports, school, religious etc) 50/50? DO NOT use the terminology "if mutually agreed to..."

holidays? who gets the child when? mom even dad odd years? Does dad get an extended two week period in the summer?

BOTH of you should be reqiured to carry life insurance until the child is 18 payable to each other JIC something happens, that helps care for the child

Morality clause? No one of opposite sex overnight during child's visits unless related by blood or marriage.

How will you handle if one of you wants to move away? Or just move in general, new address requirement (within 10 days of move)

college expenses, who is responsible for what percentage?

No disparaging the other parent to the child.

Alcohol or tobacco use around child

stance on corporal punishment

vacations with child, notice of where, when, how traveling and contact number

out of country travel? allowed? who holds child's passport

I just woke up, those are ones I can think up off the top of my head, if I think of any more after some caffine - I'll post.





by spaznskitz   10634 Posts
Posted on 2/12/2012 10:19 AM
3





Visitation EOW Fri thru Tues.  Support is state-mandated amount, no deviations. Joint custody. I was hoping to ask the community for tips and advice on what little things to include, exclude.
by Tinder   59 Posts
Posted on 2/12/2012 9:22 AM
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Dear Tinder,

My apologies - we have a troll on the site who has stolen my avatar - and is causing issues. 99% of the time this place is extremely calm and supportive.

That said,

as far as your situation, best thing for you two is to walk away clean with what you came into the marriage with, and just concentrate on custody, vistation and child support - where do the two of you stand on that?
by spaznskitz   10634 Posts
Posted on 2/11/2012 8:03 PM
0





You should pray the court doesn't cite you for stupidity and for being a d3mb c3nt. Why don't you screw him for as much as you can, then he can be your enemy for the rest of your life moo moo? Try losing some weight and getting straight.
by D360Mod1   10 Posts
Posted on 2/11/2012 5:35 PM
0







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