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Family Law Mediation Checklist

For Family Law Attorneys and Legal Professionals

This checklist is designed for family law attorneys and legal professionals preparing for mediation sessions. It provides a comprehensive, industry-standard inventory of documents required to ensure a successful mediation process involving divorce, child custody, or spousal support. Each item includes specific requirements, quality indicators, and timeline considerations to demonstrate expertise and help you serve your clients with confidence.

Family Law Mediation Checklist form template preview

Key Benefits

Demonstrates thorough preparation and professional expertise in mediation
Reduces risk of delays or adjournments due to incomplete documentation
Enhances client trust and increases likelihood of favorable mediation outcomes

Common Use Cases

Preparing for divorce mediation between spousesDocumenting child custody and visitation agreementsNegotiating spousal or child support arrangements

Frequently Asked Questions

Why is a comprehensive document checklist important for family law mediation?
A thorough checklist ensures all relevant documents are available, supporting efficient negotiation and compliance with legal requirements. It also demonstrates professional diligence to both clients and mediators.
Are notarized copies required for all documents?
Notarization is required for select documents, such as affidavits and some financial disclosures. Refer to specific notes in this checklist for notarization and certification requirements.
What if one party cannot provide a requested document?
If a document is unavailable, a written explanation should be provided. The mediator may request additional evidence or instruct the parties on how to proceed.

Checklist

Personal Documents

Certified copy of marriage certificate
Required

Must be a government-issued, certified copy. Photocopies are not accepted. Required to verify marital status and date of marriage.

Certified birth certificates for all minor children
Required

Required for all children under 18 years. Must be official government-issued documents. Needed to establish parentage in custody discussions.

Legal Forms

Signed and dated separation agreement (if applicable)

If a separation agreement exists, provide the complete signed and dated original or notarized copy. Essential for referencing agreed-upon terms prior to mediation.

Existing child support or spousal support orders

Attach certified copies of any court-issued orders. Critical for determining current support obligations and compliance.

Proposed draft parenting plan

If available, provide a detailed draft including visitation schedules, decision-making authority, and dispute resolution methods. Shows preparation and willingness to negotiate.

Financial Documents

Sworn financial disclosure statement
Required

Must be completed using court-approved form, signed and notarized within the last 60 days. Disclose all assets, debts, income, and expenses. Cross-reference with supporting documents such as tax returns and bank statements.

Personal and business tax returns for the last 3 years
Required

Include signed copies of federal and state returns. Attach all schedules and W-2/1099 forms. Required for accurate assessment of income and assets.

Recent pay stubs (last 3 months)
Required

Provide consecutive pay stubs for the past 90 days. If self-employed, supply profit and loss statements for the same period. Demonstrates current income and earning capacity.

Complete bank statements for all accounts (last 6 months)
Required

Include checking, savings, and joint accounts. Statements must be official, unaltered PDFs or originals. Required for identifying marital assets and financial transactions.

Retirement and investment account statements (last 12 months)
Required

Include 401(k), IRA, pension, and brokerage statements. Must show account holder name, balances, and recent transactions. Important for equitable distribution proceedings.

Comprehensive list of debts and liabilities
Required

List all outstanding debts, including credit cards, loans, and lines of credit. Provide account statements or payoff letters. Required for equitable debt division.

Supporting Evidence

Deeds and current mortgage statements for all real property
Required

Provide copies of deeds, mortgage statements, and property tax assessments. Needed to establish ownership, equity, and liabilities in property division.

Current health, dental, and vision insurance policy documents
Required

Include coverage details, premiums, and dependents covered. Required to address ongoing insurance needs post-mediation.

Recent appraisals for real estate and significant personal property

Appraisals must be conducted by licensed professionals within the last 12 months. Include for high-value assets such as homes, vehicles, or collections. Supports fair asset division.