Matrimonial problems

Which Matrimonial Problems are Yours?

1. Have you and your spouse decided on an amicable split? Can issues such as custody, child support, and the division of assets be negotiated in a collaborative setting? In that situation, either mediation or collaborative law may be for you.

2. Is there an issue of custody? Can it be resolved by negotiation, or must we have the Courts intervene? Contrary to general belief, the father is as likely to be given custody of the children as the mother. It all depends on the facts of your situation. If the Courts are involved, your child(ren) will be assigned a "Law Guardian". That person is an attorney that represents your children and speaks for them in Court. There might also be a "Forensic Psychiatrist" appointed, That person is a psychiatrist who specializes in Custody matters. That doctor will interview your, your spouse and your children and report his or her findings to the Court.

3. Are there issues over who stays in the house? Must the house must be sold? Does one person have more equity in the house than the other person? We may have the value of the house appraised to determine its value. We may have to do some discovery to determine if all of the money used to purchase and maintain the house was from "marital funds" or whether one spouse or the other has put in "separate funds" which came from a gift, an inheritance or money which that person had before the marriage. This can be simple, or complicated, depending upon the positions of the spouses and how important it is to one or the other to stay in the marital home or to sell it and receive the proceeds.

4. Medical insurance is an important issue. The Courts insist that the children have medical coverage. Who has medical insurance? Who will insure the children in the event of a divorce? Who will insure a spouse who may not have insurance?

5. Are both parties working outside of the home? Do the husband and wife have equal incomes? Had you and your spouse agreed that one of you would stay home and raise the children while the other one was the bread winner? This all must be determined.

6. If one of you (usually the wife) has not worked, and does not have enough income to support herself, will she need maintenance? Will child support be enough? How much can the bread winner be expected to pay, when he must also support himself?

7. How many children do you have? What are their ages? In New York, with certain exceptions, a child is considered "unemancipated" and must be supported until age 21.

8. Are your children in college? Are they planning to go? A payment agreement must be devised.

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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