The Law Offices of Michael R. Magaril - Problem Solving for Families in Transition

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DIVORCE ISSUE CHECKLIST ISSUES
 
CHILDREN
  • Child Support
  • Custody: PHYSICAL - where the children live,
  • Custody: LEGAL - who will make the important decisions in their lives such as religious training medical care and education.
  • Parenting Time: Formerly referred to as "visitation." Where one parent is the primary custodial parent, parenting time refers to the schedule on which the non-custodial parent sees the children.
  • College education for the children, removal from state
  • Medical and dental expenses of the children
  • Agreement to review child support (this can be raised at any time with the court without agreement)
  • Income Tax deduction of the children; who will claim them
  • Camps, vacations
  • Special needs of children
  • Religious training of children
  • Children's Passport
  • Children from former Marriage
PROPERTY
  • Division of the marital home and any other real estate, including time shares
  • Personal Property, division of this includes many items such as furniture, art and collectibles
  • Retirement Benefits: Pensions, 401k, IRA's, QDRO's
  • Vehicles, including trailers
  • Boats
  • Investments, savings, stocks, bonds, partnerships
  • Life insurance policies, sometimes used for the protection of child support, alimony or property payments in case of death as well as dividing existing policies
  • How do you protect the division of the property - security
  • Taxable gains
  • Exclusive possession of the Marital Home
DEBTS
  • How acquired, who pays
  • Income Tax liabilities
  • Bankruptcy issues
  • Attorney and expert fees after adjusted debts
  • Foreclosure
MISCELLANEOUS
  • Spousal Abuse
  • Other marital torts, e.g. transmission of disease, misappropriation of marital assets, etc.
ALIMONY, SPOUSAL SUPPORT
  • Length of time, if at all
  • Medical insurance for the former spouse under COBRA. This typically is limited for up to three years from the entry of the divorce decree
  • Life insurance
  • Payment direct to spouse or thru Court

 

 




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© The Law Offices of Michael R. Magaril. All rights reserved.
The Law Offices of Michael R. Magaril
114 S. Euclid
Westfield, NJ 07090
Phone: (908) 389-0100
Fax: (908) 389-0141
Email: mrm@magaril.com