Family Law

Issues To Consider In Your Divorce

As you are contemplating divorce, please consider these issues that will become pertinent as you proceed on this path:

1. Property Division
The Marital Home: Must it be sold? (see What about the House?) How will proceeds be split? Who will live there temporarily, permanently? Who will pay the mortgage?

Other real property investments: rental property, lake house?

Pensions and retirement accounts

Other assets such as cars, jewelry, boats, furniture

Debts including loans and credit cards

Separate pre-marital assets and debts: What did each of you bring into the marriage prior to the marriage or during the marriage by gift or inheritance. What happened to these assets and debts? Can you trace what happened with documents and records?

2. Medical and Dental Insurance Coverage
Which members of the family are to be covered and for how long How will uninsured medical and dental expenses be covered? What documentation of proof is needed for coverage?

3. Alimony
Will any be paid? If so, for how long? In what manner (lump sum, periodic). Under what terms will it be terminated?

4. Tax Consequences of Property Division and Alimony Payments
Be prepared to review tax issues with your accountant.

5. Custody
Who will retain physical custody of the minor children? Will you share joint custody? Who will have ultimate decision making authority on major issues? Are there any issues which can be mutually decided?

6. Visitation/Parenting Plan
How will visitation by the non-custodial parent be exercised? Limited or liberal visitation? What about during the weekdays, weekends, school years, summer vacations, holidays, and birthdays? How can parenting time be shared so that each parent has valuable time with the child.

7. Education
Will the minor children attend private school or public school. Any provisions for college education? If so, what are the limitations? Who selects the school? Whose home will be the primary residence for school placement purposes.

8. Child Support
What amount will be paid and how will it be paid (weekly, monthly)? What form will it take (check, money order, automatic draft, child support receiver in court income deduction order to your employer)? When will child support cease for each child? Are there other expenses for the child that need to be considered other than periodic child support such as costs of daycare, extracurricular activities, tutoring, special needs, bar mitzvahs, weddings, travel, summer camp?

9. Relocation Of Parent After Divorce
Do you anticipate a transfer or relocation? Do you want to consider the effect of the move on custody, child support and other parenting plan?

10. Life Insurance
Do the parents have whole or term life insurance? Will the coverage be continued for the benefit of the spouse/children? Under what conditions will the coverage be terminated? What amount of coverage is appropriate?

11. Post-Divorce Mediation And Counseling
Do you want to provide for co-parenting mediation, counseling, or other forms of emotional support for the family members for a period of time after the divorce? How frequent? Who pays? Who chooses the mediator or counselor?

12. Family Business
Is there a family business to consider? How will it be valued? Will there be a dispute as to each spouse's contribution? Are there records to substantiate your contentions? Is there a risk that funds will be depleted, hidden, or not freely disclosed?

13. Income Taxes
Do you have any unpaid obligations, liens or judgments against you? Do you expect a refund? Is it in your best interest to file jointly? Do you have an accountant on whom you can rely for tax advice?

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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