Posted on August 30, 2021 in Child Custody

Disputes involving child custody can be highly contentious. As a result, it is not uncommon for one of the parties to be displeased with the final ruling of the court. However, this ruling may not be absolute.

If your custody case was decided in a juvenile and domestic relations court (JD&R), here's what you should know about an appeal.

You have 10 days to make your request

You only have a mere 10 days to file your appeal — but your right to that appeal a JD&R decision is absolute. In other words, the court must hear your case. The original ruling will remain in place during your appeal and until (or unless) the Circuit Court reaches a different conclusion on the case.

What to expect during and after the hearing?

The hearing procedure in the Circuit Court works in a similar fashion to the JD&R court process. However, the case will be tried de novo, meaning that the entire case will be presented from the very beginning. (This is in contrast to appeals filed about a circuit court decision, which must rely on arguments that some legal error took place in the original hearing.)

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 Posted on August 18, 2021 in Child Custody

Perhaps the hardest thing about divorce with children is how it affects your relationship with your kids. Even if you and your co-parent try your best to shield your children from the stress of divorce, they will probably suffer some emotional consequences from the end of your marriage.

You may need to reconnect with the children and work to re-establish your relationship after the changes caused by divorce. Unfortunately, your co-parent could make that process much more difficult by trying to keep you out of the children's lives.

Parental alienation could hurt your most important relationships

Parental alienation involves one parent denying the other visitation or trying to damage their relationship with the children. Parental alienation can look like the denial of one parent's legal parenting time or visitation for paper-thin reasons or no reason at all. It might also involve one parent talking negatively about the other to the children until it starts to affect how the children perceive that parent.

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 Posted on August 13, 2021 in Divorce

For many couples, property division is the biggest issue in their divorces. Arguments about shared or marital property are common, and sometimes spouses engage in misconduct to try to lash out at each other.

One spouse might try to hide property, or both spouses may want to keep the same assets, like the house, leading to an acrimonious battle in court. Dividing property can be hard to do even if you both avoid misconduct.

Some spouses can negotiate a settlement before going to court. Others require the support of a judge to divide their assets. Regardless of which approach you take, you may sometimes need specialized agreements or documents to divide specific property. When might your Virginia divorce require that you draft and execute a Qualified Domestic Relations Order (QDRO)?

A QDRO is for retirement accounts or pensions

Legal steps vary to fairly split up property. For example, a house will probably require refinancing and the execution of a deed. Court orders can be crucial for the transfer of certain assets.

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 Posted on August 05, 2021 in Divorce

The decision to divorce is one that isn't taken lightly. For some, the decisions that have to be made about property division are just as difficult to make. It's imperative that you take the type of assets into account when you're trying to split things up.

Some people who are going through a divorce will compromise to ensure that the property gets divided as quickly as possible. Taking an inventory of the things that need to be divided is critical so you know exactly what you have to address.

Major assets

Major assets, such as the house, retirement accounts and vehicles, are the ones usually at the heart of any contention. In many cases, these are sold or liquidated and the profits are split between the two parties. The other option is for one spouse to buy the other out — either with cash or in trade for other assets.

Smaller assets

Some assets, such as the art collection or furniture, might also be difficult to divide, partly because most people don't want to split up established sets. Valuation of these assets is sometimes necessary before they can be divided. It might be best if each person claims specific sets of assets until everything is divided.

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 Posted on July 22, 2021 in Divorce

Being a co-parent with an ex takes a lot of work. Even in the best of circumstances, there's a chance that you and the other parent will have disagreements. Some people may have an even more complicated situation than others because they have a co-parent who's argumentative.

Dealing with a co-parent who doesn't want to cooperate can be a big challenge. You may find that you're getting frustrated with the situation. Consider these tips to help you deal with the stress that your ex is trying to cause.

Focus on the children

One of the best ways that you can reduce the stress in these situations is to focus on the children. Do what's best for them. This might mean letting smaller issues go so that you don't have to deal with your ex over them. Instead of battling over inconsequential matters, save your energy for things that affect the kids' health or safety.

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 Posted on July 19, 2021 in Divorce

Divorce in Northern Virginia and elsewhere across the state is typically anything but a casual affair. Indeed, marital dissolution for most couples routinely throws up concerns that are both material and multiple.

Like issues surrounding child custody, for example, including visitation and parenting plans. Like property division negotiations and outcomes, which can be markedly complex and contested. Like spousal maintenance (alimony).

Those are all obviously top-tier focal points for discussion and resolution in any given divorce. But as important as they are, they are sometimes trumped in importance by one distinct and often overriding dissolution concern.

Namely, that is child support.

It is certainly not hard to see why that topic commands a preeminent parental focus in legions of decouplings, is it? Children are precious cargo, and their best interests flatly outpace other divorce concerns. Most parents clearly see that, even if they are at extreme odds and contesting virtually every element en route to an ultimate divorce decree.

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 Posted on July 08, 2021 in Child Custody

Raising a child is hard enough as a single parent, but finding out that your child is being manipulated to hate you makes your life so much more difficult. Not only do you have to mitigate the damage that is being done to your child's psyche, but you also have to try to handle the negative interactions they're having with the other parent.

In situations where a child is being turned against a parent, the child may be a victim of parental alienation. Parental alienation tactics may attempt to break down communication between the target parent and child or manipulate the child into ignoring or refusing to see the parent. They may be manipulated into fearing the other parent or acting out against them.

Dealing with parental alienation? Help is available

It's important to know that help is available when parental alienation seems to be taking place. Initially, you may want to discuss your child's behavior with the other parent, especially if they have mentioned that the other parent expects them to do or say certain things to you.

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 Posted on June 23, 2021 in Family Law

A wedding ring/engagement ring is a gift signifying your marriage and your love for one another. You gave your spouse a ring when you decided to get married.

Now, though, your spouse has asked for a divorce. Does that mean they have to give the ring back?

Your spouse likely gets to keep it

You can certainly ask for the ring back. If your spouse wants to return it — even knowing that it cost thousands or tens of thousands of dollars — they can choose to do so. But, legally speaking, they probably do not have to return the ring (no matter how much it cost).

For one thing, the ring was a gift, and an engagement ring is a gift given to someone before marriage. That makes it their separate property. You bought it, but your spouse brought it to the marriage. It was their property before the marriage and does not have to go back to you in a divorce.

Additionally, even if you say that you only gave it to them because they promised to marry you, they already fulfilled that end of the deal. They did marry you. Getting divorced ends that marriage, but that does not mean it never happened. The rights to the ring do not go back to you just because the marriage is ending.

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 Posted on June 10, 2021 in Child Custody

If you are divorcing a spouse with a drug or alcohol addiction, there are some specific issues you must sort out regarding the custody of your minor children. While these matters can get quite complicated, it is imperative that both the addicted parent and their sober counterpart work together for the best interests of their kids.

Below are some things to keep in mind when setting custody terms with a co-parent with a substance abuse problem.

The courts prefer two-parent custody arrangements

All things being equal, family law courts all over the country find that it is in children's best interests to share time with both parents as much as is possible. However, when a co-parent is an alcoholic or a drug addict, that can be a barrier to co-parenting. In all cases, the safety and well-being of the children is the primary focus. Courts can rule that addicted parents who are not currently in recovery and actively working to stay sober are not fit to spend time alone with their children.

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 Posted on May 28, 2021 in Child Custody

Joint custody and co-parenting is usually the preferred solution in modern divorces. It gives both parents time with the children and provides the kids with the broadest social support network possible. Unfortunately, a parent asking for joint custody may not do so with the best interests of the children in mind.

After the divorce, a parent might quickly stop showing up or begin to sporadically cancel their parenting time, often at the last minute. These cancellations are difficult for you because you then must maintain constant responsibility for the children. It can also be hard on the kids, who will likely feel rejected.

How do you tell them about yet another canceled visit?

It is important to keep a positive attitude and try not to point fingers. You probably feel angry or disappointed when you learn that your ex won't be there to get the kids. You need to suppress your own feelings and focus on the children when you tell them about the change in plans.

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