Settlement Topics

  1. Terms and Conditions Examination

Divorce requires a settlement document that both parties have approved.

I was once told divorce is all about loss and the settlement process bares that truth with full force. You divvy up everything – nothing goes untouched. I prepare clients to anticipate loss-related emotions and strategize plans to manage their reactions as well as their spouse’s.

Every settlement negotiation has hot spots that cause friction. Choose an attorney in whom you have confidence to negotiate on your behalf and notify him/her of your likely hot spots in advance.

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Below is the list I review with my clients prior to their initial meeting with legal representation. I want my clients to be prepared to address the issues that concern them most and to make certain their attorneys understand their preferences.

This list contains standard divorce settlement topics. It is in no way exhaustive, but it does provide a guideline for you to begin preparing for your settlement negotiations.

  1. Division of Assets
    • Home(s)
    • Furnishings
    • Jewelry, paintings, etc.
    • Vehicles
  2. Division of Income
    • Alimony
      • Adjustments of alimony obligations
      • Termination of alimony
      • Adverse Change of Circumstances: protects the one paying alimony should something happen to hinder his/her ability to earn as much.
    • Verification of earned income
  3. Health Insurance
    • Health/Dental/Visual/Orthodontic
    • Uninsured medical expenses
  4. Life Insurance
    • Existing plans
    • New
  5. Retirement Accounts
  6. Custody
    • Parenting Coordinator: a specific person (trained) is identified to use as needed or reasonably requested by either party to facilitate and mediate any parenting issues – I find a lot of peace having this person to rely on if we disagree.
    • School, Medical Records
    • Death of either party
    • Tuition
      • Private school
      • College
        • College expenses
        • Travel
        • Living
    • Children’s education: they should receive best education available
    • Tutors
    • After School Activities/Sports
    • Emancipation
      • Age
      • Marriage of child
      • Military Service
      • College
      • Employment
    • Travel outside of state or country
    • Relocation
    • Notification of illness
    • Religion
  7. Holidays/Vacations/Birthdays/Weekends
    • Specify division
      • Alternating
      • Setting times
  8. Tax — how to file this year and if divorce is settled mid year
  9. Joint Indebtedness
  10. Married vs. Maiden Name
  11. Miscellaneous: pets, cemetery plots, collections
  12. THERE ARE NO ORAL AGREEMENTS BETWEEN THE PARTIES

Please contact me to discuss any questions you may have.

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