Summary. A working kit of family law instruments: worksheets for the balance sheet, characterization, tracing, and business add-backs; pleading and motion outlines; a complete parenting plan template; settlement agreement clauses that are actually enforceable; discovery requests; a post-decree task list; and the primary authorities.
SECTION A — WORKSHEETS
A-1. Marital balance sheet (after-tax)
| Asset | Face value | Character (M/S/D) | Basis | Tax on realization | After-tax value | To |
|---|---|---|---|---|---|---|
| Residence (equity) | costs of sale | |||||
| 401(k) — [spouse] | — | ordinary income at withdrawal | ||||
| Roth IRA | — | none | ||||
| Traditional IRA | — | ordinary income | ||||
| Brokerage | capital gain on embedded gain | |||||
| Business interest | ||||||
| Vehicles | ||||||
| Totals |
| Debt | Balance | Name(s) on obligation | Paid off / refinanced / allocated | By whom | Security |
|---|---|---|---|---|---|
The two errors this worksheet exists to prevent. Treating $100,000 of appreciated stock as equal to $100,000 in a Roth. And "allocating" a joint debt as though the creditor were bound by the decree.
A-2. Characterization and tracing worksheet
ASSET: ______________________________ Current value $__________
ACQUIRED □ Before marriage (date ______)
□ During marriage (date ______)
□ After separation (date ______)
SOURCE □ Marital earnings
□ Gift to one spouse (from ______, date ______)
□ Inheritance (from ______, date ______)
□ Exchange for separate property (trace below)
□ Excluded by agreement (cite ______)
TRACING CHAIN (documents attached for each step)
Step 1: $______ received ______ → deposited to acct ______ [stmt ___]
Step 2: $______ transferred ______ → acct ______ [stmt ___]
Step 3: $______ applied to ______ [doc ___]
Can every step be documented? □ Yes □ No ← if No, likely marital
CONVERSION EVENTS
□ Commingled with marital funds (when, and can the separate
portion still be identified?) ______________________________
□ Retitled into joint names (date ______) ← may transmute
□ Refinanced into both names (date ______) ← may transmute
□ Written agreement treating it as marital
APPRECIATION
Value at marriage/acquisition $______ Value now $______
Increase $______
Attributable to passive market forces $______ (separate)
Attributable to marital effort or funds $______ (marital)
Evidence of marital effort: ________________________________
CONCLUSION: Separate $______ Marital $______ Disputed $______
A-3. Business income add-back schedule (for support)
| Line item | Reported | Add-back | Basis |
|---|---|---|---|
| Vehicle expense | Personal use portion | ||
| Travel and meals | Personal component | ||
| Cell phone / internet | Personal use | ||
| Home office | Non-cash / already-incurred | ||
| Family member on payroll | Services not actually performed | ||
| Depreciation / § 179 | Non-cash | ||
| Owner's health insurance | Personal benefit | ||
| Retirement contributions | Discretionary owner benefit | ||
| Personal expenses through the business | Itemize by check number | ||
| Total add-backs | |||
| Reported income | |||
| Income available for support |
Also address, separately: what the business is worth (a property question) versus what it produces (an income question). Courts in many states guard against double-counting the same stream as both.
SECTION B — PLEADINGS AND MOTIONS
B-1. Petition for dissolution — outline
1. Jurisdiction and residency (state the durational period met, and
the date residency began).
2. Marriage: date, place, and — if relevant — the date of any prior
relationship the parties contend should count for characterization.
3. Date of separation.
4. Children: names, dates of birth, and the state in which each has
lived for the past six months (UCCJEA home-state allegation).
5. Grounds (no-fault as stated by your statute; fault only if it
matters in your state).
6. Property: general allegation that marital property exists and
should be divided; identify separate property claimed.
7. Debts.
8. Support: child support per guidelines; spousal support requested
or waived.
9. Custody and parenting time requested.
10. Attorney's fees, where an income disparity supports a contribution.
11. Prayer for relief, itemized.
[Attach: UCCJEA affidavit; any required financial affidavit;
civil cover sheet; summons.]
B-2. Motion for temporary orders — outline
I. RELIEF REQUESTED (state it as the proposed order would read)
1. Petitioner shall have exclusive temporary occupancy of ____.
2. The children shall reside with ____ per the schedule at Ex. A.
3. Respondent shall pay $____/mo child support per the worksheet
at Ex. B, by income withholding, beginning ____.
4. Respondent shall pay $____/mo spousal support beginning ____.
5. Respondent shall continue paying: mortgage, utilities,
insurance, and ____.
6. Neither party shall transfer, encumber, or dispose of
property, or change any beneficiary designation.
7. Respondent shall contribute $____ toward Petitioner's fees.
II. FACTS (short, dated, document-supported)
III. FINANCIAL POSITION (affidavit + budget + worksheet, attached)
IV. THE SCHEDULE (specific, with a calendar attached)
V. BASIS FOR FEE CONTRIBUTION (income disparity, with figures)
EXHIBITS: A proposed schedule · B guideline worksheet ·
C financial affidavit · D budget with statements ·
E pay records for both parties
B-3. Motion to modify — outline
1. The existing order, entered ______, provides: ____________
2. Since entry, the following substantial change has occurred:
____________________________________________________________
[Income change with figures and documents; schedule change with
the actual overnight count; the child's changed needs; relocation]
3. The change is substantial and continuing, and was not contemplated
by the existing order.
4. [Support] The guideline amount under current circumstances is
$______ per the attached worksheet, a change of ____%.
5. [Custody] Modification is in the children's best interests because
____________________________________________________________
6. Relief requested, effective as of the date of filing.
⚠ FILE PROMPTLY. Most states do not modify retroactively before the
filing date. Every month of delay is money.
B-4. Motion for contempt — outline
1. The order entered ______ requires: [quote it exactly].
2. Respondent had notice of the order [served / present in court].
3. Respondent has failed to comply as follows:
| Due date | Amount/Act required | Paid/Done | Deficiency |
|----------|---------------------|-----------|------------|
Total arrears: $______ (calculation attached as Exhibit __)
4. Respondent had the ability to comply [income evidence].
5. Relief requested: judgment for arrears · income withholding ·
interest · attorney's fees · [purge conditions].
⚠ Where incarceration is possible, expect the Turner v. Rogers
safeguards: notice that ability to pay is the critical issue, a
financial disclosure form, an opportunity to respond, and an
express finding on ability to pay.
SECTION C — PARENTING PLAN TEMPLATE
1. LEGAL CUSTODY
□ Joint □ Sole to ______
Decisions requiring agreement: education, non-emergency medical,
mental health, religious upbringing, extracurricular activities
exceeding $____ or requiring travel.
Tiebreaker if no agreement after ___ days: □ mediation
□ ______ decides as to ______ □ court
2. REGULAR SCHEDULE (specify times, not "after school")
Week A: Parent 1 from ____ [day/time] to ____ [day/time]
Parent 2 from ____ to ____
Week B: ...
Schedule repeats every ___ weeks beginning ____.
3. HOLIDAYS — THIS SCHEDULE OVERRIDES SECTION 2
| Holiday | Begins | Ends | Even years | Odd years |
|---------|--------|------|------------|-----------|
| New Year's | | | P1 | P2 |
| Spring break | | | | |
| Memorial Day | | | | |
| July 4 | | | | |
| Labor Day | | | | |
| Thanksgiving | | | | |
| Winter break, 1st half | | | | |
| Winter break, 2nd half | | | | |
| Child's birthday | | | | |
| Mother's Day | | | P mother | P mother |
| Father's Day | | | P father | P father |
| Religious observances: ______ | | | | |
4. SUMMER
Each parent may designate ___ non-consecutive weeks by ____ [date].
Parent ___ designates first in even years, ___ in odd years.
Summer designations override the regular schedule but not holidays.
5. EXCHANGES
Location: ______ Time: ______ Transporting parent: ______
Grace period: ___ minutes. If a parent is more than ___ minutes
late without notice: ______________________________________
6. COMMUNICATION
Between parents: □ ______ app only □ email □ text
Response expected within ___ hours for non-emergencies.
Parent–child during the other's time: ___ per [day/week], at
______, by ______. Neither parent shall monitor or record.
7. RECORDS AND ACCESS
Both parents have full access to school, medical, and activity
records and may communicate directly with providers. Each shall
provide the other with copies received within ___ days.
8. RIGHT OF FIRST REFUSAL
If a parent will be unavailable for more than ___ consecutive
hours during their time, that parent shall first offer the time
to the other, who shall respond within ___ hours. Does not apply
to school, camp, or ______.
9. TRAVEL
Notice of ___ days for out-of-state travel, with itinerary and
contact information. Passports held by ______; released upon
___ days' notice. Neither parent shall apply for a passport
without the other's written consent.
10. RELOCATION
A parent intending to change the child's residence by more than
___ miles or out of state shall give written notice at least
___ days in advance, stating the new address, the reason, and
a proposed revised schedule. The other parent may object within
___ days.
11. NEW PARTNERS
No introduction of a romantic partner to the children until the
relationship has continued ___ months, and with ___ days' notice
to the other parent. No overnight guests in a romantic
relationship during parenting time until ______.
12. CONDUCT
Neither parent shall disparage the other in the child's presence
or within hearing, discuss the litigation with the child, use the
child as a messenger, or question the child about the other
household.
13. DISPUTE RESOLUTION
Before filing any motion (except emergencies involving safety),
the parents shall attempt mediation with ______, sharing the cost
___/___. [Optional: parenting coordinator with authority to
resolve day-to-day disputes.]
14. REVIEW
The parents shall review this plan on or before ______ [e.g., when
the youngest child enters middle school] and shall attend
mediation if either requests a change.
SECTION D — SETTLEMENT AGREEMENT CLAUSES
D-1. Real property — buyout with a real deadline
Residence. Wife shall retain the residence at [address]. On or before [date — 120 days from entry], Wife shall refinance the mortgage in her sole name, removing Husband from all liability, and shall pay Husband $______ as an equalizing payment at closing. Husband shall execute a quitclaim deed into escrow upon execution of this Agreement, to be recorded simultaneously with the refinance and not before.
If Wife has not completed the refinance by [date], the residence shall be listed for sale within thirty (30) days thereafter with a broker selected by [method], at a price recommended by the broker, with any offer within ___% of the list price to be accepted, and the net proceeds divided /. Wife shall be solely responsible for all carrying costs from [date] until closing.
The escrowed deed is the point: it prevents the classic disaster of a recorded quitclaim with no refinance, which leaves the departing spouse on the note without ownership.
D-2. Retirement — QDRO obligation
Division of the [Plan Name]. Husband's interest in the [Plan] shall be divided such that Wife receives $______ [or ____%] as of [valuation date], plus or minus investment gains and losses from that date to the date of segregation.
[Name] shall prepare a Qualified Domestic Relations Order within thirty (30) days, using the Plan's model order where one is available. The parties shall cooperate in obtaining pre-approval from the Plan Administrator and shall submit the QDRO to the Court within sixty (60) days of entry of this Agreement. The cost shall be paid /. Neither party shall take any distribution, loan, or withdrawal from the Plan pending entry and acceptance of the QDRO.
The Court retains jurisdiction to enter any amended or additional order necessary to effectuate this division, including if the Plan Administrator rejects the order as submitted.
IRAs. Division of any individual retirement account shall be accomplished by trustee-to-trustee transfer incident to divorce under 26 U.S.C. § 1041 and shall not be effected by distribution to either party.
D-3. Spousal support — all four terms
Spousal support. Husband shall pay Wife $______ per month, beginning [date], payable on the ___ of each month through the State Disbursement Unit.
Duration. Payments shall continue for ___ months, through and including [date].
Modifiability. This obligation is / is not modifiable as to amount and is / is not modifiable as to duration. [Choose. Silence creates the next lawsuit.]
Termination. This obligation terminates upon: (a) the death of either party; (b) Wife's remarriage; (c) Wife's cohabitation, defined as residing with an unrelated adult in a relationship resembling marriage for a continuous period of ___ days; or (d) [Husband's retirement at or after age ___ from his primary occupation, which shall constitute a substantial change in circumstances].
Security. Husband shall maintain life insurance on his life in the amount of $, reducing by $ annually, naming Wife as [owner / irrevocable beneficiary] for so long as this obligation continues, and shall provide written proof of coverage annually on or before [date]. Failure to maintain coverage shall create a claim against Husband's estate in the amount that would have been payable.
Taxes. The parties acknowledge that for agreements executed after 2018 these payments are neither deductible by the payor nor includable in the recipient's income.
D-4. Debt and indemnity
Each party shall pay the debts allocated on Exhibit ___ and shall indemnify and hold the other harmless from them, including reasonable attorney's fees incurred in enforcing this provision.
Joint obligations. The parties acknowledge that creditors are not bound by this Agreement. The following joint obligations shall be paid in full at closing / refinanced into the sole name of the responsible party on or before [date]: [list].
Each party shall, within thirty (30) days, close all joint accounts and remove the other as an authorized user, and shall provide written confirmation.
D-5. Tax allocation
The parties shall file [jointly / separately] for tax year ____. Any refund shall be divided /; any liability shall be paid /. Each party represents that the information provided for the return is accurate and indemnifies the other for any deficiency, interest, or penalty attributable to that party's income or deductions.
[Child-related tax benefits] shall be claimed by ______ [alternating / by ratio], and the parties shall execute any form required to effect this.
SECTION E — FAMILY LAW DISCOVERY
- Federal and state income tax returns for the past five years, with all schedules, W-2s, 1099s, and K-1s.
- All statements for every financial account in which you hold or held any interest during the past three years, including accounts closed during that period.
- All statements for every retirement, pension, deferred compensation, and equity compensation account or plan, together with the summary plan description and all grant documents.
- All loan, credit, mortgage, and financial statement applications submitted during the past three years, and all financial statements provided to any lender, investor, or surety.
- For any business in which you hold an interest: general ledger, financial statements, tax returns, buy-sell agreement, and all documents reflecting personal expenses paid by the business.
- All documents relating to any transfer of money or property exceeding $______ to any person during the past three years.
- All documents relating to any cryptocurrency wallet, exchange account, or digital asset.
- All documents supporting any claim that any asset is separate property, including the complete tracing chain.
- All documents relating to any expenditure you contend the other party made for a non-marital purpose.
- Documents sufficient to show your monthly living expenses for the past twelve months.
- All communications with any third party concerning the children's care, education, or medical treatment.
- All calendars, journals, or records reflecting parenting time actually exercised during the past twelve months.
SECTION F — POST-DECREE TASK LIST
□ QDRO drafted from the Plan's model
□ QDRO entered by the court
□ QDRO ACCEPTED by the Plan Administrator — acceptance letter obtained
□ IRA transfers completed trustee-to-trustee
□ Deed executed, notarized, and RECORDED
□ Refinance completed by ______ (deadline)
□ Vehicle titles transferred; loans refinanced
□ Joint accounts closed; authorized users removed; confirmations kept
□ BENEFICIARIES CHANGED: life insurance · 401(k) PLAN FORM ITSELF ·
IRAs · POD/TOD accounts · HSA
□ Life insurance securing support in force; proof obtained
□ Will, powers of attorney, health care directive, trusts rewritten
□ Name change: SSA · DMV · passport · employer · banks · voter reg
□ Health insurance arranged; COBRA elected within ___ days
□ Support payment routed through the State Disbursement Unit
□ Tax withholding re-run for new filing status
□ Every review/step-down date in the agreement calendared
□ Complete file (decree, QDRO acceptance, recorded deed, refinance
documents) stored permanently
SECTION G — PRIMARY AUTHORITY
- Boddie v. Connecticut, 401 U.S. 371 (1971) · Sosna v. Iowa, 419 U.S. 393 (1975) — court access and residency.
- Santosky v. Kramer, 455 U.S. 745 (1982) · Troxel v. Granville, 530 U.S. 57 (2000) — parental rights.
- Turner v. Rogers, 564 U.S. 431 (2011) — civil contempt safeguards in support cases.
- Obergefell v. Hodges, 576 U.S. 644 (2015) · Howell v. Howell, 581 U.S. 214 (2017).
- 29 U.S.C. § 1056 (QDROs) · 10 U.S.C. § 1408 (USFSPA).
- 28 U.S.C. § 1738A (PKPA) · 28 U.S.C. § 1738B (FFCCSOA) · 42 U.S.C. § 666.
- 11 U.S.C. § 523 · 26 U.S.C. § 1041 · 26 U.S.C. § 71.
- UCCJEA; UIFSA; the Uniform Premarital Agreement Act as adopted; the Servicemembers Civil Relief Act; the Hague Convention on the Civil Aspects of International Child Abduction and ICARA.
Related documents
- Divorce and Dissolution
- Getting Divorced: A Practical Guide from Filing to Final Decree
- Divorce Financial Disclosure and Settlement Checklist
- Domestic Violence Response Toolkit
- Residential Real Estate Toolkit
- Self-Represented Litigant Toolkit
- Civil Damages Toolkit
This toolkit is educational and not legal advice. Every form and clause must be adapted to state law and local rules; provisions enforceable in one state are void in another, and family courts frequently require locally prescribed forms. Have counsel review before filing.