- Will your children live with you or your former spouse?
- If the children live with your former spouse, how often do you hope to see them?
- How will you and your ex-spouse make decisions concerning the children’s health care and education?
- Who will pay for the children’s living expenses, education and travel?
- What if your ex-spouse remarries and the stepparent wants to adopt the children?
- What about spousal support and child support? Will you receive it or need to pay it? How much and for how long?
- Will the spousal support or child support increase or decrease in the future due to changing financial circumstances, economic conditions or other factors?
- Who will be entitled to claim the children as exemptions for income tax purposes?
- Who will live in the marital home during the divorce process?
- Will one of the spouses keep the marital home after the divorce, or will it be sold? How will the proceeds be divided?
- If one party keeps the home, will the other party deed its interest to the first party?
- If the parties decide to sell the home, will both spouses be involved in the sale and closing? Who will decide the listing price and whether a real estate broker will sell the home?
- Who will be responsible for major repairs and the costs of preparing the home for sale?
- Who will be entitled to deduct the mortgage interest charges and property taxes for income tax purposes?
- Who will be responsible for any income (capital gains) taxes that are imposed as a result of the sale of the home?
- Will you keep life insurance for the benefit of your children?
- Will either party be obligated to provide medical or other insurance for the other? For the children? For how long?
- Who will be responsible for any medical, dental, prescription or hospital expenses of the children that are not reimbursed by insurance?
- Who will be entitled to receive any refund from current and past joint income tax returns?
- If there is a deficiency on any current or past joint income tax returns, who will be responsible for the payment?
Speak to a divorce lawyer
This list is not exhaustive, but it provides a snapshot of the issues that are important to consider while making a decision to pursue divorce. Consult a family law attorney at The Mandel Law Firm in New York, New York, to make sure you understand the relevant issues and their legal impact.
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