The Divorce Papers: A Novel
Page 34
Sarah Littlemore Diehl
405 RIVERSIDE DRIVE
NEW YORK, NY 10025
22 October 1999
My darling Sophie girl,
I’ve appropriated Sally’s stationery. I used to take Maman’s too. Hmmm. I could give a Freudian interpretation, but I always get in trouble when I move in that direction with you lot. The great Unanalyzable One speaks. But this is all noise.
I write to say what a wonderful time I had with you on Tuesday. A perfect day. You are a class lawyer, my girl, and everyone in the firm and the courts knows it. I know I’m a difficult parent, bruised and bruising. I regret it. Don’t take it personally (a ridiculous thing to say to one’s child, but true). I’m unpleasant to most people, except of course waiters, taxi drivers, nannies, and panhandlers. The curse of the U-Marxist. I digress again. You are a class person. That’s what I meant to say.
I shall come again to visit you if I may. History shows I’m better on your territory than the home ground.
Will Jacobsen likes you. Believe me. I know the look. The father of beautiful daughters learns early on to recognize it. Next day, he buys a shotgun. Give him a chance. He strikes me as wholly plausible.
All my love,
Papa
TRAYNOR, HAND, WYZANSKI
222 CHURCH STREET
NEW SALEM, NARRAGANSETT 06555
(393) 876-5678
MEMORANDUM
Attorney Work Product
From: Sophie Diehl
To: David Greaves
RE: Meiklejohn/Durkheim Separation Agreement
Date: October 27, 1999
Attachments: Separation Agreement
I am back from Sanger & Booth with the signed and notarized agreement. Felix was a godsend. I couldn’t have done it without him. As you know, I’ve never drafted a separation agreement before. And I never will again, though if I had to do a divorce, this one was the one to do. I will miss Mia Meiklejohn. She was the smartest, most interesting, most humorous client I’ve ever had. She was badly behaved in a way I like. And it was a collaborative relationship, which it rarely is in criminal cases; your criminal clients mostly think of you as a patsy or a tool, and they never tell the truth. Maybe I’m developing a taste for civil litigation. I sometimes wish we didn’t have to specialize.
The meeting went well. Ms. Meiklejohn was civil; Dr. Durkheim was surly. I don’t blame him. The custody clause is a tough one, but Ms. Meiklejohn wouldn’t budge. She urged him to write a letter to Jane explaining why he went along. He didn’t say anything.
The parties agreed to waive the Parent Education Classes. I know Ms. Meiklejohn was tempted not to, but she swallowed hard and went along.
Is there anything else I have to do? There are no escalators in the agreement; Felix says their only use is as a bargaining chip to give up. No one pays without being sued, he said, and by the time you’ve won, you’re back in court suing for the next increase. “Frontload, frontload,” was his advice.
I’ll do my hours and send them to you. I’ll let you decide which are billable and which are not.
Commonwealth of Narragansett
Family Court
County: Tyler Docket No: 99-27
Separation Agreement
Daniel E. Durkheim Plaintiff
v.
Maria M. Durkheim, a.k.a. Maria M. Meiklejohn Defendant
I. Parties
Agreement, made this ______th/st day of _____________, 1999, by and between DANIEL DURKHEIM, HUSBAND, residing at 404 St. Cloud Street, New Salem, Narragansett, 06556 (hereinafter referred to as the “Husband”), and MARIA M. DURKHEIM a.k.a. MARIA M. MEIKLEJOHN, WIFE, residing at 404 St. Cloud Street, New Salem, Narragansett, 06556 (hereinafter referred to as the “Wife”).
II. Recitals
A. Marriage
The Husband and Wife were married in New York, New York, on June 21, 1982.
B. Children
There is one (1) Child of the marriage. Jane Mather Durkheim (hereinafter referred to as the “Child”), born April 23, 1988, who is a minor and is dependent upon the Parties for support and maintenance.
C. Agreement to Separate
Serious and irreconcilable differences have arisen between the Husband and Wife, and Husband and Wife acknowledge that there has been an irretrievable breakdown of the marriage on or about January 3, 1999. Both parties desire to settle their financial, property, and other rights and obligations arising out of the marriage.
D. Restoration of Wife’s Name
In any judgment of dissolution of marriage, it shall be ordered that Wife’s name shall be restored to Maria Mather Meiklejohn.
III. Covenants
A. Effect of Agreement
The Husband and the Wife shall live separate and apart from one another, and each shall be free from interference, harassment, mole-station, authority, and control, direct or indirect, by the other as fully as if single and unmarried. The Parties shall each have the right to dispose of his or her property by will or otherwise, in such manner as each may in his or her uncontrolled discretion deem proper, and neither will claim any interest in the estate or property of the other, except to enforce any obligation imposed by this Agreement, which shall be enforceable against the estate of each of them. The Husband and the Wife each warrant that he or she will not hereafter contract or incur any debt, charge, or liability whatsoever for which the other or his or her legal representative, property, or estate will or may become liable. The Husband and Wife further warrant to hold each other free, harmless, and indemnified from and against all debts, charges, and liabilities hereafter contracted or incurred by the other in breach of the provision of this Agreement.
B. Full Disclosure
Each Party warrants that he or she has made full disclosure of his or her income, assets, property, liabilities, and financial prospects.
C. Child Custody
The Wife and the Husband shall share legal custody of the Child and the Wife shall have physical custody of the Child, the Child residing with the Wife. The Husband shall have the right to visit with and be visited by the Child at reasonable times and for reasonable durations upon reasonable notice to the Wife.
The Husband and the Wife shall consult together in an effort to mutually agree in regard to the welfare, education, religious observance, and development of the Child to the end that, so far as possible, they may pursue a mutually harmonious policy in regard to her upbringing.
Neither the Husband nor the Wife shall attempt nor condone any attempt to estrange the Child from each other, or to injure or impede the respect or affection of the Child for the other, but on the contrary shall at all times encourage and foster in the Child respect and affection for both parents.
If for reasons of employment or other exigency, the Wife seeks to relocate with the Child more than 50 miles from New Salem, she shall notify the Husband prior to the move and arrange a reasonable schedule of visitation. Reasonable transportation expenses for the Child visiting the Husband under these circumstances shall be paid by the Wife. If the Husband seeks to relocate more than 50 miles from New Salem, he shall notify the Wife prior to the move and arrange a reasonable schedule of visitation. Transportation expenses for the Child visiting the Husband under these circumstances shall be paid by the Husband.
In the event of any serious illness of the Child, the parent with whom the Child is then staying shall immediately, if reasonably possible, notify the other parent, and that parent shall have the right to visit the Child during the illness.
Upon the death of the Husband prior to the Child reaching the age of 18, the Wife shall assume sole legal custody and retain physical custody. Upon the death of the Wife prior to the Child reaching the age of 18, the Husband and the maternal Grandfather of the Child, Bruce Meiklejohn (hereinafter referred to as the “Grandfather”), shall share legal custody and the Grandfather shall have physical custody, the Child residing with the Grandfather. The Husband shall have the right to visit with and be visited
by the Child at reasonable times and for reasonable durations upon reasonable notice to the Grandfather.
D. Child Support
The Husband shall pay to the Wife for the support and maintenance of the Child the sum of $5,000.00 a month, beginning the first day of the month, following the execution of this Agreement, for seven (7) years. Thereafter, the Husband shall pay for the support and maintenance of the Child the sum of $1,500.00 a month, due the first day of the month, until her 23rd birthday or her graduation from college, whichever event occurs first.
E. Spousal Support / Traditional Alimony
As spousal support for the Wife, the Husband shall pay to the Wife the sum of $5,000.00 a month, beginning the first day of the month, following the execution of this Agreement, for seven years. Spousal support will cease upon the Wife’s death, remarriage, or employment at an annual salary of $48,000 or more.
F. Rehabilitation Alimony
The Husband shall provide the Wife with rehabilitation alimony up to the sum of $30,000.00 a year for three (3) years, in payment of law school tuition. The actual payment, up to the sum of $30,000, shall be the tuition cost of the law school the Wife attends.
G. Child’s Education
The Husband shall be responsible for payment of all college expenses of the Child, including tuition, room and board, fees, books, and living expenses, for four (4) years of college. In recognition of the Husband’s obligations for spousal support, the Wife shall be responsible for all of the Child’s primary and secondary education school fees at the Peabody School or other school she may attend.
H. Real Property
The Husband and Wife have resided together at 404 St. Cloud Street, New Salem, Narragansett (hereinafter referred to as the “Marital Residence”). On or before the 30th day following the signing of this Agreement, the Wife shall vacate the Marital Residence and the Husband shall be entitled to exclusive occupancy. The Wife shall convey to the Husband all her right, title, and interest in the Marital Residence; and upon conveyance, the Husband shall be solely responsible for the payment of all mortgages, loans, taxes, and insurance. The Husband hereby releases the Wife from all claims made by the bank holding the mortgage on the Marital Residence, the bank providing the Home Equity Loan, and all other liabilities arising out of the Husband’s ownership of interest in the Marital Residence. The Parties’ current net equity in the Marital Residence is $240,000 (current valuation of $525,000 less mortgage, Realtors’ fees, and closing costs). The Wife releases her claims to her one-half interest in the net equity ($120,000).
I. Personal Property
The Parties have divided their tangible personal property to the satisfaction of each. The Parties agree that all furniture and household furnishings located in the Marital Residence shall be the exclusive property of the Husband, except for the items identified below, which shall be the exclusive property of the Wife. The Wife shall remove such items from the Marital Residence at a time or times mutually convenient to the Parties. The Husband will keep the Persian rug. The Wife will keep the original works by Cindy Sherman, Jenny Holzer, Ephraim Rubenstein, Robert Sweeney, Boris Chaliapin, and Ray and Charles Eames; all flatware, china, pottery, cooking utensils, and table linens; the Ian Ingersoll dining table; the Thonet chairs; the quilts and other antique bed linens; and all other personal property given by or inherited from her family with the exception of the Persian rug.
J. Automobiles
The Wife will retain the 1997 Saab, which is two years old and has two years left on its loan. The car is registered in her name. Its original cost was $32,000; its current value is $22,000. The Wife will make all loan payments. The Husband will retain the 1999 Audi, which was leased under a four-year Agreement. The car cost $68,000. It is now worth $60,000. The lease is in the Husband’s name. The difference in value of the two cars recognizes the Husband’s inheritance of $16,000 in 1968 from his mother.
K. Pets
The family pets, Tito the cat and Fido the dog, will live with the Wife and the Child. The Husband will have reasonable visitation, which includes having the pets stay with him in his residence.
L. Bank Accounts
The Parties have a joint savings account with Federated Central Bank, New Salem, with $16,000 on deposit. This sum shall go to the Wife. The Parties hereby waive all claims with respect to funds previously withdrawn from the joint bank accounts of the Parties.
M. Investments
The Parties have investment accounts with the firm of Ira Lowenstein: stock market account (Account Number: 04-0042-91) and Treasury Bills (Account Number: 04-0042-93). As of March 31, 1999, the stock market account had $700,000. The Husband shall convey to the Wife his interest in the stock market account and release all claims to any interest in it. The Husband and Wife jointly own $90,000 in Treasury Bills. The Wife releases all claims to the Treasury Bills and conveys to the Husband her interest in the Bills.
N. Pension Plans and Retirement Accounts
The Wife releases all claims to the Husband’s TIAA-CREF Accounts (TIAA Contract Number: ZZ 88567342-3; CREF Certificate Number: ZZ 88567342-8; Premium Remitter: Mather University) with a value of $600,000 as of March 31, 1999, and his 401(k) Plan with the firm of Ira Lowenstein (401[k] Plan Account Number: 04-0043-92) with a value of $300,000, as of March 31, 1999.
O. Medical Insurance
The Husband will maintain medical and hospital insurance for the Wife for seven (7) years from the signing of this Agreement. The Husband will maintain medical and hospital insurance for the Child until her 23rd birthday or her graduation from college, whichever event occurs first.
P. Life Insurance
Until the Child’s 23rd birthday or her graduation from college, the Husband shall carry a life insurance policy on his life in the face amount of $740,000 (two times his current annual salary), naming the Wife as beneficiary.
Q. Income Taxes
The Parties shall execute and file joint tax returns for the calendar year 1999. Any refund payable with respect to any joint tax returns shall be remitted to the Husband. If there is any deficiency or tax liability assessed on any jointly filed tax return, such deficiency or tax liability, with any interest or penalties thereon, shall be paid by the Husband.
R. Mutual Release and Discharge of Claims in Estates
Each Party shall have the right to dispose of the property of such Party by last will and testament in such manner as such Party may deem proper in the sole discretion of such Party, with the same force and effect as if the other Party had died. Each Party, individually and for his or her heirs, executors, administrators, successors, and assigns, hereby waives, releases, and relinquishes any and all claims, rights, or interests as a surviving spouse in or to any property, real or personal, that the other Party owns or possesses at death, or to which the other Party or his or her estate may be entitled.
S. Legal Representation
In connection with this Agreement, the Wife and Husband have had the advice of independent counsel of his and her own selection. Both Parties acknowledge that this Agreement has been achieved after competent legal representation and honest negotiations. Nothing herein shall be construed as a waiver or denial of the right of either Party to secure payment of attorneys’ fees as provided by law for any breach by the other of any provision of this Agreement. Each Party acknowledges that all of the matters embodied in this Agreement, including all terms, covenants, conditions, waivers, releases, and other provisions contained herein, are fully understood by him or her; that he or she is entering into this Agreement freely, voluntarily, and after due consideration of the consequences of doing so; and that this Agreement is valid and binding upon him or her.
T. General Provisions
This Agreement is entire and complete and embodies all understandings and Agreements between the Parties. No representation, warranty, Agreement, or undertaking of any kind or nature has been made to either Party to induce the making of this Agreement, except as is expressly set forth herein.
This Agreement shall not be amended, modified, discharged, or terminated except by a writing executed and acknowledged by the Party sought to be bound. It is the intention of the Parties that the division and transfer of property provided for in this Agreement shall be final, unless the Parties hereto shall hereafter agree to the contrary in writing.
This Agreement and all rights and obligations of the Parties hereunder shall be construed according to the laws of the State of Narragansett. If any provision of this Agreement should be held to be invalid or unenforceable under the laws of any state, country, or other jurisdiction, the remainder of this Agreement shall continue in full force and effect. Each of the rights and obligations of the Parties hereunder shall be deemed independent and may be enforced irrespective of any other rights and obligations herein.
The final decree for divorce, the decree nisi, shall issue 90 days from signing.
This Agreement shall be binding upon the Parties hereto, and their respective heirs, executors, administrators, successors, and assigns.
In Witness Whereof, the Parties hereto have executed this Agreement on the date first above written.
The Plaintiff The Defendant
__________________________ __________________________
Then personally appeared the above-named David E. Durkheim and acknowledged the foregoing to be his free act and deed before me.
_______________________________
Eve Charles, Notary Public
My commission expires: 10-18-02
Then personally appeared the above-named Maria M. Durkheim, a.k.a. Maria M. Meiklejohn, and acknowledged the foregoing to be her free act and deed before me.
_______________________________
Geraldine Morris, Notary Public
My commission expires: 10-18-02
TRAYNOR, HAND, WYZANSKI
222 CHURCH STREET