Posted on August 08, 2022 in Divorce

Situations involving a pet can get complicated during a divorce. You may be unsure of exactly what's going to happen or if you're going to need to share them. Some people even talk about setting up a custody arrangement.

You can set up a custody arrangement yourselves, if you and your soon-to-be-ex are on good terms and you want to share the pet. Parents sometimes do this so the children can stay with the pet all the time. However, no matter how you see your family pet, in most states, including Virginia, the law sees that pet as property. This means that the court isn't going to set up a custody agreement in most cases.

When you got the pet can make a difference

Another important question to ask is simply when you got the pet and who the legal owner is. Say that you and your spouse adopted it together after you got married. This makes it a marital asset considering that, as noted above, the law looks at your pet as nothing more than property. If only one of you wants to keep the pet, you'll have to agree on some type of division, such as allowing one person to have the pet and the other to have an asset with an equal value.

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 Posted on July 27, 2022 in Family Law

The differences in your marriage have become irreconcilable, so you and your spouse have decided to pursue a divorce. While very few divorces are straightforward, some are more complex than others.

Ideally, you'd like to conclude your divorce as quickly as possible, without incurring too many financial charges. What factors could increase the cost of your divorce and how are these best avoided?

Property division

You and your spouse own a family home, several cars, and some antiques and you also run a business. Your spouse never had anything to do with the business, and you're of the opinion that it should remain solely in your hands after the separation. Unless you drafted an agreement before the divorce, this could be difficult for you to argue.

Ultimately, if you and your spouse can't agree on how valuable assets are to be distributed, then this will have to be litigated in the courts. The courts in Virginia will divide property based on the equitable distribution doctrine. This means that assets will be divided based on what is fair to all parties. Property distribution can take time to settle, and the longer your divorce goes on, the more money you'll have to spend.

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 Posted on July 10, 2022 in Family Law

You know that you're going to be ordered to pay child support during the divorce. It feels inevitable. The income disparity between you and your ex is just too great. Though you are going to share custody, you're still going to have to make those payments.

What you're worried about is that your ex is going to use that money for themselves, not for your child. So what are they allowed to use it on?

Examples of potential uses

The truth is that there are a lot of different potential uses, but they all have to focus on the child. Your ex is not allowed to use the money strictly for themselves. include:

• Basic necessities - This could include things like food, clothing, shoes and the like.
• Education - This may include things like uniforms or books.
• Medical care - This money can cover co-pays or expenses that are not insured.
• Transportation - Transportation is necessary for school and custody exchanges.
• Activities and entertainment - This may include things like extracurricular activities, sports teams, summer camp and much more.

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 Posted on June 29, 2022 in Divorce

While health insurance may not be your primary concern as you divorce, it's crucial for those who have relied on their spouse's employment for their own health insurance coverage to take steps to make sure they have coverage once that divorce decree is signed. Spouses of federal employees and retirees are better off in that area than many spouses of those who work in the private sector.

If you have Federal Employees Health Benefits (FEHB) coverage through your spouse, you can have continued coverage as long as you meet the FEHB "spouse equity" provisions. These are the following:

• You were covered under your spouse's Self Plus One or Self and Family plan at least one day during the 18 months before your divorce.
• You are entitled to receive part of your spouse's retirement or survivor annuity.
• You apply for continued FEHB benefits within 60 daysafter your divorce is final.

If you meet these qualifications, you cancontinue on an FEHB plan as long as you don't remarry before you turn 55.

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 Posted on June 17, 2022 in Divorce

You married your partner when you were young, but now that you've both grown and been together for a few years, you've realized that you aren't a great fit. You want to move on and start dating other people, but you haven't even started the process of divorcing.

Is it okay to begin dating once you start your divorce? When is it appropriate to have another relationship? These are great questions.

Most attorneys agree that you should wait

In most cases, attorneys agree that you should wait to date until your divorce has been finalized. There are a few reasons for this, such as:

• Minimizing the risk of accusations of adultery
• Helping avoid claims of using assets on another party
• A lower risk of conflicts between the new partner and old one
• A lower risk of child custody or parenting conflicts

You shouldn't start dating someone before you file, and even then, you may want to wait until you're able to separate your assets and get your living situation sorted out. While some divorces can take a long time, many are settled relatively quickly. Virginia requires a mandatory one-year waiting period, but that could be waived if there are grounds for divorcing sooner. For example, if you have evidence that your spouse cheated on you, then the judge may agree to allow you to divorce sooner.

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 Posted on June 16, 2022 in Child Custody

If you and your former spouse have decided to go your separate ways, then it is helpful if you can both come up with a workable custody plan together. Sadly, things don't always work out this way and child custody matters may have to be settled in court.

During the custody hearing, the court will be looking to reach a conclusion that is in the best interests of the child. The steps you take to prepare for the hearing can have a significant bearing on the final result. Outlined below are a few tips that can help:

Seek testimony on your behalf

When your child has been in your care, they may have excelled in their education. Giving the court your word on this is one thing, but it's even better if you can back it up. Why not bring in the glowing school reports? Your child's teacher may even be willing to testify on your behalf and tell the court how influential you have been in their educational success.

Manage your courtroom behavior

Perhaps you've never been to court, so don't really know how to behave in the room? While things like your appearance or accent shouldn't really make a difference, first impressions do count. The court will be trying to judge how responsible you are and whether it is in the best interests of the child to stay with you. Like it or not, your appearance and conduct in court will play a part in this. Dress as smartly as you can and try your best to remain polite and composed.

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 Posted on May 31, 2022 in Divorce

Whether you negotiated an arrangement with your ex or went to court for a judge's assistance, your custody order is a reflection of what is hopefully going to be best for your children. It provides instructions on how you share time with the children and divide your responsibilities.

As you start adjusting to life sharing those responsibilities and splitting your time with the kids, you and your ex may reach a point where you agree to make changes to your time with the kids or the rules that apply to your custody arrangements. Although you can negotiate an arrangement, such solutions are risky.

You are vulnerable to enforcement actions

If you and your ex agree to change your custody arrangements a certain way, all you have is a verbal agreement to protect yourself. If they go back on their word, they could leave you in a lurch without child care or even try to get you in trouble for failing to show up for parenting time they agreed they wanted to take themselves.

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 Posted on May 17, 2022 in Divorce

You may have looked over at your spouse and said to yourself, "Where did our love or respect for each other go?"

This may be a troubling thought that leads many people to consider divorce. There are many causes why people divorce their spouse, each case unique, but many reasons sound similar. Here's what you should know:

Arranged marriages aren't always perfect

Your family may hold to an old tradition of arranged marriage. This can give the families of the married couple financial advantages and a guaranteed lineage. It may have seemed like an honor to give your family this chance, but over the years you no longer believe that to be the case.

Arranged marriages can take away a person's identity and freedom of choice. You may have realized this later in life and longed for something different. Divorce can be the option of freeing yourself and building a new future.

Marrying young was a bigger mistake than you realized

Many people find high school sweethearts that follow you into your college years and through marriage. The relationship started young and just kept going without giving you much time to stop and consider why you're still together.

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 Posted on May 03, 2022 in Family Law

At some point, as you and your spouse get closer to your divorce, you're going to have to inform the children about what's happening. They are definitely going to have a lot of questions, so it's best to do this when you have time to answer them.

One thing to keep in mind, as a parent, is that the children may have very different questions and concerns than you would. Things that seem very important to you won't even register for them, while they may be very concerned about things that you don't think actually matter in the big picture. It's important to understand how important these still are to your kids and to prepare answers that can help them.

What might the kids ask about your divorce?

Every child is different, of course, but there are certain things that they tend to be concerned about when they find out their parents are going to split up. A few potential questions they may ask include things like this:

• Do we need to move to a new house or a new town?

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 Posted on April 22, 2022 in Child Custody

Being able to work with your ex to parent the children can help the kids to be well adjusted despite the divorce. Knowing that they have the support of both parents and that the adults in their life are putting them first can help them to thrive.

Working with your ex isn't always easy. You have to take steps to make the most of the situation. Everyone can benefit when you and your ex are truly aparenting team.

Keep communication respectful

Consistent and direct communication is beneficial in a co-parenting relationship. You should ensure that you're always calm when you speak to your ex. Even when you disagree on something, keeping the conversation focused on the children and finding solutions to the issues is beneficial and could help to propel you toward a resolution.

Always keep the children in the center

Keeping the children in the center of the arrangement means that you and your ex aren't trying to pull the children to either side. Instead, everyone is supportive of each other so that the children can enjoy their childhood. It might help if you can keep your emotions in check because the things that caused the breakdown of your marriage don't have a place in the co-parenting arrangement.

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