Q regarding 16 Factors Affecting Alimony


#1

Quick background : husband and wife (me) are trying to work thru a Separation Agreement created by a my attorney (husband agreed to this arrangement). We had our first meeting (just us 2, no attorney) yesterday. Although it went well, I am wondering what the next step is if we cannot come to an agreement. (We agree on child custody and property division, but of course are zeroing in on length of time and amount for alimony as a point of disagreement, along with how much to contribute to kid’s college accounts). There is significant marital fault (on his part) and we have many of the 16 Factors for Alimony… so would it be better to enter an arbitration setting for only the remaining issues that we cannot agree on? or a mediation setting where we just have someone that will get us to a point of finally signing the document?

Also, what is the mechanism to enter marital misconduct information into a legal setting (ie. arbitration) for me to show that these 16 Factors exist(ed) in our marriage? I once saw a document where the information was presented as questions, ie:

Do you admit or deny that you ----------------------------
Admit ______ Deny ___________

Is that legal?
thank you


#2

If you attend arbitration, it is binding on both parties. You have to be prepared to take any outcome that comes your way.

You present evidence of marital misconduct by oral testimony and any other concrete evidence you may have. If you are involved in litigation, you can submit requests for admission to the other party. Requests for admission are where one party asks the other to admit certain facts to be true.


#3

Follow up question: If we have agreed to many items on our own (ie. custody of children, child support. division of property) , can we bring only the items we need resolution on (ie. alimony) into arbitration?


#4

Yes.