Divorce & Custody Checklist

About Jay D. Raxenberg

Not just any divorce attorney. Learn what makes Jay D. Raxenberg Long Islands choice for Divorce Law.

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Find out what sets us apart and what you should be looking for when choosing a family law attorney.

Divorce Do's and Dont's

Find out what you should and shouldn't do during the divorce process.

Although each and every divorce is governed by the same statutory provisions and obtained by and through the same general procedure, that does not mean that each and every divorce is one and the same. To the contrary, each and every divorce presents a unique set of circumstances. The best way to approach your particular divorce is to know what unique set of circumstances your situation presents. From there, a skilled attorney will be able to apply your facts to the law so as to zealously advocate for your rights and remedies thereunder. To assist you in parsing out the relevant facts and circumstances underlying your particular divorce, the offices of Jay D. Raxenberg, P.C. have compiled the following divorce checklist regarding two of the most common issues in divorce – financial circumstances and children.

Financial Circumstances:

It is crucial that you apprise yourself of your true financial circumstances at the outset of your divorce so as to avoid any surreptitious conduct, to understand how you and your spouse are going to maintain the status quo during the pendency of the proceedings and to understand the nature of your income.

o First, gather as much information as possible regarding your bank accounts, including who has access to such accounts, the account numbers and balances. The same goes for any credit cards, safe deposit boxes, line of credit, trust accounts or other financial account established during the marriage.
o Next, gather as much information as possible regarding your expenses, such as: mortgage, utilities and carrying charges, your lease and loan payments.
o Finally, it is crucial that you understand the nature of your income. Ask yourself these questions:
o Are you and your spouse W-2 employees or do either of you derive substantial cash income that goes unreported?
o Is there a business through which your expenses are paid?
o Do you or your spouse collect disability or Social Security?
The answers to such questions, as simple as they may seem, will have a tremendous impact on your divorce.

Custody:

If you and your spouse have minor children they will, undoubtedly, be a focal point in your divorce. In order to alleviate as much stress and strife as possible, it is best to consider the following:

o Consider the ages of your children:
Whether you have an infant child or a teenager will greatly impact matters such as child support add-ons (e.g., child care, extracurricular activities, college tuition, etc.), parenting time schedules and custody (e.g., residential custody, decision-making authority, etc.).
o Consider any special needs of your children – in order to advocate for your child’s best interests you need to consider what he/she requires to meet their special needs. To this end, ask yourself:
o Is your child developmentally delayed? If so, are there any special school procedures that need to be addressed, such as Individualized Education Plans?
o Is your child physically impaired in any way? If so, are there any special medical procedures that need to be addressed, such as medications?
o Is your child under psychological, psychiatric, behavioral or medical care? If so, is such care covered by insurance or will you need to address how to split the costs of such care?
o Consider how you would like to approach custody and parenting time. Have you and your spouse addressed this issue at all? As with anything, the custody and parenting time of your children will depend upon your particular circumstances, having a reasonable and feasible schedule in mind may help guide you towards the best possible outcome for your children.

In preparing the aforementioned information you are setting yourself up for success because you will be able to provide your attorney with cogent, relevant information. From there, of course, a skilled attorney will be your zealous advocate. These are subjects that Jay D. Raxenberg, P.C. has gained a great deal of experience in over the last two decades in Supreme and Family Court in the tri-state area. Mr. Raxenberg has extensive training, knowledge and experience in this area of the law and is dedicated to providing exceptional compassionate legal representation to all of his clients. Please call (516) 491-0565 or toll free at (888) 543-4867 to arrange your initial complimentary consultation.

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