Issues to Consider in Mediation
Separation Considerations
- Living Arrangements
- Payment of Bills
- Temporary Support
- Opening Single Accounts
- Closing Joint Accounts
- Notifying Credit Card companies
- Filing the paperwork
Children
- What is the physical custody split
- What is the legal custody split
- What decisions regarding education, medical treatment, etc. are to be made jointly by both parents
- The parenting plan (visitation rights) of the non-custodial parent (regular visits, holidays, birthdays, vacations, etc.)/joint parenting plan
Division of Property
- Division of community assets
- Division of community liabilities
- Division of household items
- Cash settlement (amount, terms, payment schedule)
- Full disclosure statements
Support
- Child support payments (how much, how often, duration, extraordinary expenses for medical care, etc.)
- Spousal support payments (how much, how often, duration)
Insurance
- Medical coverage for children and/or spouse
- Life insurance beneficiaries
Tax Implications
- Distribution of exemptions for dependents
- Filing status (year of separation, year of divorce)
- Tax payment/refund distribution (year of separation, year of divorce)
- Payment of capital gains taxes from sale of assets
Special Provisions
- Statement regarding payment of mediator, filing fees
- Provisions for the communication and resolution of future issues or problems with settlement terms
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