Thank You for Signing Up for Agreed Divorces
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Before We Get Started
Please complete this questionnaire. If you will spend the time to complete all items, you will give us the background information necessary to begin to understand the complexity of the personal aspects of your family law problem. All information will be held in strict confidence.
This questionnaire is broken into 3 parts:
- Personal Information
- Assets and Liabilities
Please DO NOT skip a question and leave the answer blank. The staff at Evans Family Law Group are trained to follow up with you on any blank questions. Please indicate some answer to all questions, even if “n/a” or “none.
If you have any questions, contact us at:
Evans Family Law
2 About You
About You and Your Spouse
Information About You
Please give your full legal name, date and place of birth, Social Security number, and driver’s license number:
Information about your spouse
Please give the full legal name and requested information for your spouse
Where are you living now?
Please complete the following concerning your employment.
More information about your spouse
Spouse's living arrangement
Information about spouse's employment
Complications with spouse
Information on Children
If yes, Please discuss with the Attorney privately and as soon as possible.
Custody of the Children
Note: This means who will the children primarily live with, who decides their residency?
Note: This is the presumption under Texas law. Typical exceptions, to avoid appointment of both parents as joint managing conservators, are things such as family violence, issues related to alcohol, physical or other abuse, criminal history etc … If you are unsure, you need to discuss this in detail with the Attorney.
The Texas Family Code allocates the rights and duties of parents and parents may likewise enter into an agreed “parenting plan” which allocates these rights and duties between them by agreement. These decisions may be made “jointly” by agreement between the parents, “exclusively” by one parent with or without first consulting the other parent, or “independently” meaning each parent may independently make these decisions.
How to fill out the form
- Indicate the parent in charge of the decision
M for Mom
D for Dad
- Indicate the decision type
J decisions to be made jointly and by agreement between the parents
E decisions to be made exclusively by one parent
I decisions to be made independently by either parent
C parents are required to consult the other parent in advance
No C parents are not required to consult the other parent in advance
Tie breaker “tie breaker”, meaning the parent indicated, M or D, has the ultimate right e
Note: Unless agreed to otherwise, both parents have the right, per the Texas Family Code, to make decisions in the event of an emergency related to the Child that does not involve invasive surgical treatment.
Possession and Access for the Children
Note: Any questions, please call to discuss with the attorney
Holidays & Summer
Holidays are generally “split” in the Texas Family Code. Under the standard Holiday schedule, parents who reside within 100 miles of eachother split the Christmas Holiday alternating in each year which parent has the first part of Christmas and the latter part of Christmas. The parent who has the latter part of the Christmas Holiday gets the Children for the Thanksgiving holiday and the parents will alternate Spring Break.
For parents within 100 miles, Summer is typically 30 days in the month of July or can be broken up as designated by that parent who has the extended Summer possession time. However, the Thursday periods of possession generally do not occur during the Summer but the weekend schedule continues. During the Summer period of possession, the parent without the extended Summer possession has the right to “block out” one weekend during the extended summer possession and one weekend outside of the extended summer possession.
If parents live over 100 miles apart, the difference is that this parent would have every Spring Break Holiday and Summer possession is extended to 42 days rather than 30.
However, in an Agreed Divorce, parents can choose a parenting plan for holidays that they believe works best for them and that is in the best interest of their Children.
Note: A common option in the Summer in Agreed Divorces is to allow each parent to have a period of 2 weeks of possession and access to allow for “summer vacation”. Typically, the agreement is in alternating years one parent has the first right by April 1st to designate their 2 weeks and then the other parent designates their 2 weeks by April 15th and then vice versa in the alternating years. In the absence of a timely designation, the 2 weeks usually is first 2 weeks of July and then the first 2 weeks of August as a default.
Note: The standard provision on the child’s birthday is that the parent then not otherwise entitled to possession on the day of the Child’s actual birthday would have the right to a visitation from 6:00 pm – 8:00 pm on the actual day of the Child’s birthday, provided the parent picks up the kiddo from the other parent’s location and returns the Child to the parent’s location.
The following are options that are not “standard” in the Holiday section of the Texas Family Code, but are options which I have seen parents include in their parenting plans in Agreed Divorces. If the box is “checked” it tells the Attorney you want to include a provision related to that Holiday:
Note: While it’s not “standard” in the Family Code, the standard provision here on a parent’s birthday is similar to that of the Child’s birthday that the parent then not otherwise entitled to possession on the day of the parent’s actual birthday would have the right to a visitation from 6:00 pm – 8:00 pm on the actual day of the parent’s birthday, provided the parent picks up the kiddo from the other parent’s location and returns the Child to the parent’s location.
Note: If this is an issue, there are many options related to extra-curricular activities and you may need to discuss with the Attorney. Generally, most Agreed Divorces provide that parents will first attempt to agree on extra-curricular activities and, if agreed, the parents split the costs of such activity. In our general experience, most Agreed Divorces include a provision that allow each parent to sign the Child up for 1 extra-curricular activity at a time which may or may not occur on the other parent’s time. Our language generally gives preference to activities the Child has been involved or is expressing an interest and both parents are required to confer with the other in advance to allow discussion and planning. If it is agreed, the parents split the costs and, if not, the enrolling parent pays all costs but the parents publish the schedule and share transportation regardless whether it is the extra-curricular activity preferred by the parent then in possession or visitation with the kiddo. However, this like all other parts of a parenting plan in an Agreed Divorce is to be discussed and agreed upon by the parents in accordance to what they believe is in the best interest of their kiddo.
SAMPLE PROVISION RE: Extracurricular Activities
The Court finds that the parties have agreed and IT IS ORDERED AND DECREED that each party shall have the right to enroll the child in no more than (1) extra-curricular activity at a time provided such activity does not impinge on the other party’s period or periods of possession of the child. By way of clarification, unless otherwise expressly agreed and signed by both parties, the child shall not be enrolled in any more than a total of two (2) extra-curricular activities at a time, with each party authorized to enroll the child in one (1) activity at a time subject to the terms and conditions set forth herein.
The Court finds that the parties have agreed and IT IS ORDERED AND DECREED that if a child is unilaterally enrolled into an extracurricular activity, then, absent a written agreement from the other party to share the cost of the activity, the enrolling party will be solely responsible for all costs and transportation associated with the activity.
The Court finds that the parties have agreed and IT IS ORDERED AND DECREED that neither party shall enroll the child the subject of this suit in an extracurricular activity that impinges or interferes with the other party’s period or periods of possession of the child without the express written agreement of the other party. In the event the child is enrolled in an extracurricular activity that has been agreed upon by the parties, the parties stipulate, agree, and
IT IS FURTHER ORDERED AND DECREED the parties shall equally share and be responsible for the costs associated with the agreed upon extracurricular activity.
IT IS FURTHER ORDERED AND DECREED the parties agree to provide transportation to and from the activities, practices or other events conducted as part of the agreed upon extracurricular activity. In the event a party is unable to transport the child on a particular day, that party shall contact and notify the non-possessory party to see if appropriate arrangements can be made for the child to attend.
Note: For example, who will pay travel expenses? Who will accompany the children? Are there any particular restrictions on the type of travel such as no commercial bus or non-stop flights?
Electronic and Telephone Contact with Children
Geographical Restriction for the Children’s Primary Residence
Note: The law does not obligate a parent to support a child, including education/college, one the child has turned 18 years of age and is no longer enrolled full-time in high school earning a high school diploma or GED. However, parents can agree to make arrangement contractually which may be incorporated in their Decree of Divorce. Because a Decree of Divorce can be both the Order of the Court and a contract executed by the parties, this kind of provision would be enforceable in the nature of a contract.
5 Children Health Insurance
Health Insurance for the Children
6 Assets & Liabilities
Assets and Liabilities
Please enter a number from 1 to 10.
This is the “lot and block” description you may obtain from your property tax records, deed, or other closing documentation.
Special Consideration for Disposition of Real Estate
Print and repeat as necessary for each property
Note: At times parties agree to use the proceeds from the sale of a residence to be applied at the time of closing to specified debts or liabilities of the parties, such as credit cards. The Decree of Divorce can be written in such a way to specify that at the time of closing to address this kind of situation.
Note: In a situation when one spouse will retain the residence but the mortgage is in the name of both parties, consider whether there should be a specified period of time by which the residence must be refinanced or sold.
Motor Vehicles, Boats, Airplanes, Cycles, Trailers
Bank Accounts, Savings Accounts, C.D. ’s, Credit Union, Savings Bondss
Please enter a number from 1 to 10.
Stocks, Mutual Funds, Personal Investments, etc.
Pets & Livestock
Retirement, Pensions, Other Company Benefits
Spousal Maintenance a/k/a “Alimony”
Note: To qualify as Alimony for the IRS, Alimony must be made in monthly payments and cannot be a “substitution” for payments on debt or division of marital assets. If written properly, Alimony is tax deductible by the paying party (“obligor”) but is taxable income to receiving party (“obligee”). In an agreement, there are no specific requirement as this can, within reason, be left to agreement of the parties. If you have questions please consult the Attorney.
Summary of Debts
Debts: (Other than home and automobiles)
Dependency Exemptions for Children, if any
Note: If there is an agreement by the parents to claim a child or children as dependents, in order to formally comply with the IRS requirements, the parents need to execute and file with the IRS Form 8332. If there is an agreement in this regard between the parents to allocate the dependency exemption, language to this effect will be included in the Decree of Divorce requiring the parties to to sign IRS Form 8332, which is a “Release of Claim to Exemption for Child of Divorced or Separated Parents”.
This form is available at our website at www.evansfamilylawgroup.com , can be provided through our office or you may download the form at: www.irs.gov and search for form 8832
The term “separate property” mean property which (1) was owned or acquired by you before your marriage or (2) which was inherited either before or during your marriage, or (3) was received as a gift either before or during your marriage or (4) was purchased with the proceeds of sale of property which was separate property.
7 Office Communication
8 Retirement Checklist
Division Of Retirement Accounts Checklist
If part of your agreed division includes the division of an IRA, 401k, pension plan, defined benefit plan or other retirement plan then you will need to provide the following information.
This checklist refers to the “Participant” as the employee participating in the retirement plan, and the “Alternate Payee” as the spouse seeking her/his share of the retirement plan benefits. Please answer as many questions as you can and provide as much information as possible. If you have any questions, please contact our office.
Provide the following information about the Participant (Employee)
Provide the following information about the Alternate Payee (Spouse of Employee)
Please provide the following information about the employer
Information about the Participant’s employment history. Date Participant
Household Furnishings, Appliances, Etc
Please identify all household furnishings, wall hangings, appliances, equipment, tools, firearms, etc. which have significant replacement cost or personal value to you which you would like to claim in this divorce as yours on a room to room basis or as you have agreed with your spouse to divide your assets
9 Disclosure Disclaimer
Disclosure Disclaimer by Parties
If you and your spouse answer the questionnaire together, please review the following disclaimers and sign below. It is not required that your spouse sign this document. The first disclaims that your spouse understand that Evans Family Law Group represents only the client and not the other spouse and that at any time any discussions had between Evans Family Law Group and the non client spouse should not be considered legal advice nor creating an attorney client relationship with the non client spouse. The second disclaims the parties have made a reasonable disclosure of all property, both community and separate, and all financial obligations and they are contained within the Agreed Decree of Divorce.
Disclaimer as to Representation
This Agreement has been prepared by James W. Evans, attorney for CLIENT (name will appear in the Agreed Decree of Divorce). At the commencement of, and at all stages during, the negotiation of this Agreement, James W. Evans, the attorney for CLIENT informed all Parties that the attorney has acted solely as counsel for CLIENT and has not advised or represented NON CLIENT SPOUSE (Name will appear in Agreed Decree of Divorce) in any manner whatsoever. NON CLIENT SPOUSE, at the commencement of, and at all stages during, the negotiation of this Agreement has been told that he/she could and/or should be represented by his/her own counsel of his/her own choosing, but at all times has elected not to do so. Both Husband and Wife have read this Agreement carefully and thoroughly, fully understand each of its provisions, and, therefore, sign it freely and voluntarily.
Each party represents and warrants to the other party that he or she has, to the best of his or her ability, made to the other party a fair and reasonable disclosure of the nature and extent of the community property of the parties, including values, and financial obligations, contingent or otherwise before their execution of this Agreed Decree of Divorce. Each party additionally acknowledges that, before the signing of the agreement, he or she has been provided a fair and reasonable disclosure of the community property and financial obligations of the parties before the execution of this Agreed Decree of Divorce. Furthermore, and before the execution of this Agreed Decree of Divorce, each party has previously offered to provide, or has provided, to the other party all information and documentation pertaining to all community property, including income and value, and all financial obligations that have been requested by the other party. Each party acknowledges that he or she has, or reasonably could have had, full and complete knowledge of the community estate of the parties and of all financial obligations of the community estate of the parties.