I
Index
A
Abbreviated custody
Acts
The Husband’s Lawyer (see The Husband’s Lawyer)
The Mediator (see The Mediator)
The Wife’s Lawyer (see The Wife’s Lawyer)
Agreement. See Separation agreement
Alimony
changes
cohabitation
factors
health insurance
job status issues
life insurance
marital misconduct
nonmarried parents
permanent alimony
rehabilitative alimony
state law and varies
taxes
child support and payments
disguise child support
payments deductible
recapture
temporary alimony (pendente lite)
Alimony vs. Child Support
Arbitration
Assets. See also Bank accounts; Stocks
airline frequent flyer miles
automobiles and vehicles
credit card award points
furniture and furnishings
other assets
Attorneys, negotiation
B
Bank accounts. See also Assets; Stocks
attorney
court
date of division
divide marital bank accounts
divorces
finding hidden bank accounts
Bargaining
interest-based bargaining
position-based bargaining
Best alternative to a negotiated settlement (BATNA)
Best-interest attorney
Breach of Contract
Business investments
discounts
lack of marketability
personal goodwill
double-dipping
husband’s expert
income
intellectual properties
professional degrees and licenses
spouse, silent partner
divorce, values
documents
proceedings
valuable assests
wife’s expert
C
Cash vs. stock
Child support
accounts
adjustments
calculations
college
cover
deviations
enforcement
guidelines cases
modification
pays
direct payments
income shares
indirect payments
Melson method
percentage-of-income method
private schools
starts
stop
tax considerations
URESA or RURESA
Civil Service Retirement System (CSRS)
Collaborative law
Communication skills
Countercomplaint
Custody agreements
Custody evaluation
case study
recommendations
D
Debts. See also Property and debt
Defense Finance and Accounting Service (DFAS)
Defense of Marriage Act (DOMA)
Deferred Pay
direct pay
disposable retired pay vs. disability pay
Different negotiating techniques
nibbler
quid pro quo
segmentation
Divorce information and evidence. See also Finances
about information
domestic violence
inventory and safeguard
collections and valuables
safe deposit boxes and storage units
lawyer
divorce calendar
divorce notebook/file
divorce to do list
financial statement
marriage history
war chest
power of attorney
social security
benefits
ex-spouse dies
Divorce lawyers. See Meeting (with lawyer)
Divorce of same-sex couples
E
Employee Retirement Income Security Act (ERISA)
Equitable distribution factors
marital award
Evidence
answering questions
direct examination
background facts
children
child support
custody arrangements
divorce
incorporation
judge rules
marriage certificate
name change
retirement funds
separation agreement
divorce case
preliminary matter
witness stand
important tips
rules
custody
property
support
F
Federal Marriage Amendment
Finances
bank accounts
bills
credit cards
loans and lines
retirement accounts
stocks, money market funds, deposit and brokerage accounts
G
Gather tax
H
Health insurance
The Husband’s Lawyer
Scott, Marvin
bank statements
Brandenburg formula
calculation of property
premarital property
tenancy
transfer of title
Individual Retirement Accounts (IRAs)
Interest-based bargaining vs. position-based bargaining
Internal Revenue Code
J, K
Joint legal custody
L
Lawyer
contested divorce
alimony
business interests and investments
domestic abuse
government employees
high conflicts
high-income earner
house
military
missing spouse
same -sex
simple
spouse
stakes
costs of
conflict
expensive
hidden costs
knowledge
litigation costs
divorce consideration
contested
simple or complex
uncontested
mediation
advantages of
disadvantages of
No Fault
Lawyer identification
attorney (male or female)
divore
experience
internet
litigator
phone calls and emails
retainers and fees
save money
alimony and child support
budget
business value
collaborative law
custody plan
emotions, lawyer
financial statements
hanging
house value
printer or copies
research knowledge
resolution
settlement with spouse
spouse for divorce
staff, lawyer
stuff division
skill of
style
negotiator
pushover
shark
technician
traffic cop
zen lawyer
trust
word of mouth
Legal custody
best interests doctrine
chances
constitutional rights
future
general terms
joint legal custody
notebook
parens patriae
sole legal custody
tender years doctrine
Life insurance
M
Marital property
Marriage
same-sex marriage (see Same-sex marriage)
penalty
The Mediator
Davis, Brooke
Silverstein, Stephanie
aggrement
custody in court
payments and taxes
transfer of amount
work of a mediator
Mediation
Meeting (with lawyer)
bad lawyer
before meeting
consultation
divorce lawyers pratice
first meeting
bank and stock accounts
debts
income evidences
legal documents
miscellaneous items
nonfinancial items
real estate
goals, objectives and priorities
lawyer questions
legal advice and counsel
marshaling the facts
attorney’s goal
finances
marriage
Melson model
N, O
Negotiation
by attorneys
good communication skills
information gathering
interest-based bargaining vs. position-based bargaining
Nonmarital property
P
Part marital and part nonmarital property
Pendente lite hearing
Pensions
plans
defined benefit
defined contribution
nonqualified
qualified (see Qualified Plans)
Percentage-of-income method
Permanent alimony
Physical custody
best-interest attorney
custody evaluation
custody modification
practical considerations
relocation cases
shared physical custody
sole physical custody
split physical custody
thrid-party custody
Pleadings
answer
complaint
attachments
caption
debt
grounds for divorce
parties
prayer for relief
signature and verification
complaint for divorce
countercomplaint
preliminary motions
default judgment
motions
respond-to-countercomplaint
summons
alternative service
certified mail
personal service
service copy
service of process
Position-based bargaining vs. interest-based bargaining
Postdivorce
amendments
appeals
checklist
consent orders
court order violation
custody and access
financial-updating mechanisms
life insurance and pension plans
real-estate and corporate records
remarriage
tax disputes
the House
Postnuptial agreement. See Separation agreements
Preliminary motions
Premarital agreements. See Prenuptial agreements
Prenuptial agreements
background
bulletproof prenup
elements
conditions
full disclosure
no duress
no overreaching
proper form
lifestyle clauses
people don’t think they need
prenup before
bring up the subject
can help you answer this questions
legal system is adversarial
UPAA
prenup current
in writing
Property and debt
equitable distribution
case
changing property classification
community property
date of valuation
earning and appreciation
marital property
nonmarital property
part marital and nonmarital property
gets rover
hiding assets
marital dissipation
uncooperative spouse
Public Policy Polling
Q
Qualified Plans
alienation
individual retirement accounts (IRAs)
mechanics of a QRDO
issue of
marital settlement aggrement
plan administrator
retirement benefits
QRDO, Congress to Rescue
survival benefit
R
Rehabilitative alimony
Relocation cases
Remarriage
Research and documents
additional records
assets
business interests
collections and jewelry
furnishings and furniture
inheritance/trust interests
insurance policies
safe and safe deposite boxes
stocks and bonds
tax benefits
time-shares
expenses
fault and private investigators
law research
cases
code
constitution
courtroom
Internet
liabilities
organization
records
Residential custody. See Physical custody
Retirement funds
individual retirement account
401(k) plans
Retirement plans
federal government plan
civil service
federal employees retirement system
individual retirement accounts
international organizations
military pensions
Revised Uniform Reciprocal Enforcement of Support Act (RURESA)
S
Same-sex marriage
capital gains taxes/estate taxes
Defense of Marriage Act
Edith Windsor and Thea Spyer
future case
IRS
Kristin Perry and Sandra Stier
marriage penalty
opponents
in United States
California
Columbia
Connecticut
Delaware
Iowa
Maine
Maryland
Massachusetts
Minnesota
New Hampshire
New York
Rhode Island
Vermont
Washington
Separation agreement
arbitration
avoid vague statements
BATNA
access to children
consideration
facts
legal custody of children
personal property
real property
separation
conversation
different negotiating techniques
actual agreement
advantages
disadvantages
when to get a divorce
formal agreement
items
negotiation
prenuptial agreements
push buttons
substance
time and place
trial
value of questions
verbal clues
Shared physical custody
Social Security
Sole legal custody
Sole physical custody
Split physical custody
Stocks. See also Assests; Bank account
certificates
options
Summons
T
Taxes
child support payments
vs. property transfer
child care expenses
child tax credit
dependency exemption
tax planning
family home
deductions
sale
property transfers
cash vs. stock
tax filing status
file separate tax returns
head of household
joint tax return
third-lowest tax rates
Temporary alimony (pendente lite)
Thrid-party custody
Timesharing
abbreviated custody
children-others
child spends
holidays
schedule
special days
judge
parent
parenting issues and scheduling
provisions
supervised
third-party timesharing
Timing considerations
agreement
burning
companionship
dating
divorce is a process, not an event
employment
familiarity
family finances
investment and children
issues
lawyer sense
start dating
state courts
Trial procedure
closing arguments
court-ordered mediation
cross-examination
decision
defendant rests
discovery
depositions
document requests
interrogatories
meaning
request for admissions
scope
thrid-party subpoena
opening statements
pendente lite
pretrial statement
rebuttal
redirect examination
scheduling hearing
dates
services
stipulations
witnesses
U, V
Uniformed Services Former Spouse Protection Act (USFSPA)
Uniform Interstate Family Support Act (UIFSA)
Uniform Premarital Agreement Act (UPAA)
Uniform Reciprocal Enforcement of Support Act (URESA)
United States
same-sex marriage
W, X, Y, Z
The Wife’s Lawyer
home
property rights
Nicholas, Simon
financial situation
mutual aggrement
ownership details
possibity of selling