Posted on January 25, 2023 in Divorce

You're probably well aware that some people will attempt to hide assets during divorce. You know that you don't want your spouse to hide these assets from you so that you don't get a portion of them, and you've taken the time to really consider everything that the two of you own as a couple. You are confident that you've made a complete inventory of all of the family assets, and nothing is being hidden.

It's good that you're wary of this issue, as it does come up in a lot of contentious divorce cases. But it's also wise to point out that some spouses will attempt to dissipate assets, rather than hide them. This is a slightly different tactic, but it is still designed around the same goal of keeping you from getting the assets that you deserve.

How does dissipation of the marital assets work?

Dissipating assets is the general practice of spending money in an unexpected or abnormal way, generally with the goal of reducing the total value of the couple's financial estate.

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 Posted on January 07, 2023 in Child Custody

Custody is a crucial aspect of a divorce involving children. You want to protect your parental rights to have a healthy relationship with your kids after a divorce.

Several laws are followed in Virginia when a court orders child custody and visitation. However, you and the other parent may also agree outside court. Regardless of the chosen approach, here are three factors to keep in mind.

1. Type of custody

A parent can have physical and/or legal custody. With physical custody, the parent will take care of the child daily. In most arrangements, one parent may receive primary custody, which means they live with the child. And the other gets visitation rights - they can visit, or the child can go to their home according to an agreed schedule. On the other hand, legal custody involves making major decisions concerning the child's upbringing.

Both parents generally retain legal custody rights unless there is a serious reason to take it away from one of them. Ensure the written agreement includes your rights as discussed before signing.

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 Posted on January 06, 2023 in Child Custody

Divorce, in and of itself, is tough for just about everyone. After all, no one gets married with the goal of divorcing at some point. Divorce becomes particularly difficult if children are involved.

One of the most difficult dilemmas parents face during the divorce is the child's post-divorce living arrangements. Ideally, the court would prefer that you and your spouse work out a post-divorce parenting plan that will work for everyone. If this is not possible, however, the court must step in and make a ruling based on the best interests of the child doctrine. But what exactly does this mean and how is it established?

Understanding the best interests of the child

There isn't a clear-cut definition for the best interest of the child. Rather, this term refers to the parameters the court takes into account when determining who is best fit to live with and care for the child as well as parenting actions that will benefit the child most.

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 Posted on December 13, 2022 in Divorce

It's very tempting to use social media to tell everyone about everything that is happening in your life, especially when things are going poorly and you just want to vent. People who are going through a divorce sometimes feel a compulsion to write about the process on their social media accounts. They may even write about their spouse, perhaps blaming them for the split.

As tempting as this is, it's generally wise to keep as much of the divorce process as you can off of your social media accounts. Do not post about it and remember that these posts could be used as evidence.

How could this impact your case?

Exactly how this impacts your case depends on the specific situation you're in, but there are a few ways that it can do so.

For example, you may be trying to argue that you should have joint custody of your children, while your ex is trying to say that you are irresponsible. Your ex could try to use social media to make you appear to be an unfit parent. For instance, they could find pictures of you out at the bar with your friends and use them to claim that you are simply too irresponsible to stay home and take care of the children. You know that this isn't true, but your situation would be a lot simpler if that picture wasn't on social media to begin with.

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 Posted on December 13, 2022 in Divorce

The longer you stay married, the more property and debts you share with your spouse. Under Virginia's marital property laws, everything that you earn or acquire while married is usually marital property.

In the event of a divorce, you and your spouse either agree on your own regarding how you divide your property or you ask a judge to apply the state's equitable distribution statute to your household. Both you and your spouse have an obligation to provide honest and thorough records to one another and the courts during the property division process.

What happens if you uncover hidden property that your spouse did not disclose as they should?

You can advise the courts of their misconduct

Intentionally hiding assets is a common form of misconduct during Virginia divorces. People think that they can lie about their financial accounts or physical property, or they intentionally undervalue assets so that their spouse doesn't receive their fair share of the marital property.

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 Posted on November 29, 2022 in Divorce

Parents who divorce when their child is a toddler often think that they really aren't going to be impacted very much by the change in their family. However, just because they can't express their thoughts and worries as effectively as older kids can, that doesn't mean they don't notice all the changes.

A toddler's world is still fairly limited, so they will notice that their parents aren't together with them as much, that they're spending time alone with one parent in a new home and that maybe a grandparent or someone else they know is taking care of them more. All of these things are big changes for them.

Explaining divorce to a toddler

Don't assume that you don't need to have "the talk" with your toddler about what's going on. You just need to explain things with words and ideas they understand. They just need to know that the two of you won't be living together any longer, but you will still both be taking care of them (assuming that's the case) and that you both love them and will continue to be their parents. It's also wise to reassure them that this has nothing to do with them or anything they did.

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 Posted on November 11, 2022 in Child Custody

In a divorce where children are involved, parents usually come to some kind of co-parenting custody agreement. Parents will, typically, work together to decide what's best for their child including where they're schooled, what their diet includes and if they perform any religious activities. Additionally, parents will work out a schedule so each parent can spend time with their children, which may work around schooling and work.

Some co-parenting plans don't work out, however. A divorce may have been caused by constant arguments, negligence and abuse which can continue through a child custody order. When this happens, parents may need to consider if they're going to continue a co-parenting plan or negotiate for a parallel parenting plan. There's more you should know:

Parenting without conflicts

A parallel parenting plan works much like a co-parenting plan. Both plans give parents responsibilities and obligations to keep the best interest of their children in mind. The difference, however, is that a co-parenting plan has both parents working together and a parallel parenting plan works to reduce difficulties between parents.

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 Posted on October 28, 2022 in Divorce

During your marriage, you and your in-laws got on very well. The union of you and your spouse meant that you were part of an extended family. Now that you and your spouse have decided to go your own way, this dynamic has been turned on its head.

Your in-laws are barely civil to you anymore and they are trying to interfere with divorce proceedings. What can you do in such a scenario?

Stay composed

Your in-laws might be looking to get a reaction out of you, and if they get the desired effect, it's only going to make matters worse. Try to remain composed and approach the pivotal aspects of your divorce in a business-like manner.

Directly, your in-laws don't have a say in negotiations, so stick to the topic at hand and focus on settling matters with your spouse. Remember, it's likely that your in-laws are just trying to be in the corner of their child, and you would probably feel the same way in their situation.

Find that common ground

There are numerous things that you and your in-laws disagree on, but there is one important issue that you feel the same way about, the best interests of your child. Your in-laws love their grandchildren, there's no denying that. You feel the same and all parties just want what's best for the kids. Finding that common ground can help to smooth things over.

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 Posted on October 13, 2022 in Child Custody

Parents have to discuss many details when creating a child custody order. You and your co-parent may need to consider who picks your kids up from school or what kind of diet they need. A custody agreement is all about the well-being of your child, but it also helps parents have more control over how their child is raised - and who is raising them.

One clause that may be included in a parenting plan is the "right of first refusal." Is this the first time you've heard about this term? Here's what you should know about why you should consider it:

Entrusting your child to a babysitter isn't easy

Your co-parent may work odd hours or attend night classes, leaving your child at home alone for several hours. When this happens, your co-parent likely has someone there watching your child, but you may not know who that person is - or you may not like the person caring for your child.

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 Posted on October 10, 2022 in Child Custody

Your first holiday season after your divorce may seem lonely, or it may seem very exciting. You no longer have to compromise about how you celebrate in your own home, which is often necessary for married couples.

Whether you look forward to bringing back your family traditions for your children or you feel a bit blue about being single for the holidays, you will still need to talk about the holiday season with your ex. If you proactively coordinate the three issues below with your ex, you will set the entire family out for a smooth and pleasant holiday season.

Your holiday work schedule

Although you may have a basic outline of custody matters for school breaks and holidays, it is important to talk about the actual details. The two of you need to discuss your individual work schedules and when the children will be off of school.

Openly sharing any secondary obligations, like your office holiday party or your children's soccer gift exchange, will also be important as you coordinate the overall parenting and childcare schedule during the holiday break.

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