Key divorce issues

Key Issues That Might Arise in Divorce

A. CUSTODY:

How do you get custody of your children? What types of custody are there?

1. Joint Legal Custody: If you and your spouse can discuss matters about the children, you can agree to Joint Legal Custody.
2. Physical custody: If the parents have joint legal custody, the children will generally live with either the mother or the father. That parent has "physical custody".
3. Joint physical custody: some parents have work schedules where they can share parenting time equally. In that case, the parent earning more money will pay a reduced amount of child support.
4. Sole Custody: If the parents cannot communicate at all, one parent will have sole legal and physical custody. That parent will consult with the other parent only in vital matters, such as schooling, major health problems and religion. If, after consulting on these matters, the parents cannot agree on a decision, the parent with sole custody has final decision making capability.

B. CHILD SUPPORT:

1. How much will you get (or pay).
2. How is it decided? New York's Child Support Standards Act (CSSA) has an exact formula for child support, depending on how many children are involved.

C. MAINTENANCE:

1. One party has been out of the work force for a long time, or does not earn enough to support himself. The other party might be required to pay some maintenance (alimony) for a few years until the low earning spouse can become self supporting.
2. There is no set standard for either how long maintenance should be paid or how much should be paid. Your case will be determined by your unique issues.

D. MARITAL HOME

1. Keep it:

a. One buys the other out
b. One stays for x amount of years, then sells it and splits the profits.
    i. Who pays the mortgage?
    ii. Who pays for repairs?
    iii. Who pays the homeowner's insurance?
    iv. Who pays the carrying charges?

2. Sell it:

a. Split the net equity?
b. Did either of you put separate funds into the purchase?

WHAT YOU MUST CONSIDER:

Do you really want a divorce?
Have you tried marital counseling?
Temporary separation?
Consult with an attorney-know your rights.

Debra S. Bereck, Attorney at Law
120-126 North Main Street
New City, NY 10956
Phone: 845-634-4505
Fax: 845-638-9175
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