10 Issues to Think About When Settling a Divorce

What a relief! You are going through a divorce and it seems as if a settlement will be reached with your spouse, so a trial with the unknowns and requirements of testifying will be avoided. Now what? Do you know what issues your lawyer should be addressing in any settlement agreement?

Let me suggest 10 such issues from a family lawyer's perspective.

1. Be sure that all claims (monetary, property distribution, custody) are being resolved. Leave nothing out and be sure your spouse disclosed all information you would expect to review before making an informed decision.

2. What happens if the other spouse breaches the agreement and you have to return to court to seek for him/her to abide by its terms? You should seek for the breaching party to pay your fees if you prevail in court.

3. If you are receiving child support, will it go up automatically to keep up with inflation? A dollar today is mesothilioma worth a dollar tomorrow.

4. If you have children, what happens if unfortunately you pass away? Will your parents and siblings be able to visit with them?

5. Who will be paying for your children's sports, lessons, activities? Are those expenses included or outside of child support? Who gets to claim the children as tax exemptions?

6. How will you define educational expenses for children?

7. If you are keeping a home, you should insist on a judgment and lien search and a warranty from the other spouse that the home has not been subject to any debts of which you are unaware.

8. Be sure, if you will be selling the home, that you define what are sales proceeds, the procedures for sale, and what happens if you and your spouse do not agree on a sales or listing price.

9. What happens if you receive information that your spouse caused a tax liability during the period of your marriage when you and he/she filed joint tax returns? Be sure to spell out who pays what in that event or else you could be in for a nasty surprise.

10. If your spouse will have custody of the children, you should insist on him/her providing you will access to your children via telephone, access to all school and medical records, limit your spouse's ability to move with your children, and make your support to your children dependent on your spouse not precluding your parenting time.

No doubt your divorce will involve more issues than just these 10. But, I wanted to give you some "food for thought" so that you can have an informed discussion with your lawyer.

Ronald Lieberman has been practicing family law for 10 years in Southern New Jersey. He currently is senior associate at Adinolfi and Spevak in Haddonfield, NJ. He can be reached at 856-428-8334 or via email at href="mailto:rlieberman@adinolfiandspevak.comrlieberman@adinolfiandspevak.com