Posted on September 26, 2025 in Divorce

A premarital agreement is designed to detail how property will be split if a couple later gets divorced. In order to be valid, the agreement must meet some strict formal and technical criteria.

Since the premarital agreement limits what they will receive, a spouse might want to challenge it when the divorce gets underway. When crafting the agreement or updating it based on changes in circumstances during the marriage, it is important to understand how to ensure it will be valid and withstand a challenge.

A valid premarital agreement must stand up to scrutiny

Premarital agreements are designed to provide a sense of certainty for both parties if the marriage does not work out and they get divorced. For example, if a person entered the union with significant assets while the other person had less, there will be limits on property division and spousal support.

Still, there are ways a person might question the agreement and claim it should be deemed invalid. It is imperative for the person who wants to retain their property and avoid long-term support payments to create a document that checks all the boxes.

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 Posted on September 12, 2025 in Child Custody

In Virginia, one of the most difficult aspects of divorce and its aftermath is navigating child custody and visitation. Parents will want to spend as much quality time with their child as possible. But that can be difficult as they adapt to the new circumstances.

Even after the custody determination has been made, there can still be lingering disputes. One area that is rife for contentious debates between parents is during the holidays and when the child is off from school for an extended period. For parents who are concerned about this, it is important to understand how visitation (also called parenting time) schedules are formulated and know how that could impact the holidays.

Fundamentals of a parenting plan in Virginia

The parenting plan will consider myriad factors related to the child's life and their relationship with the parents. Examples of what will be assessed are the child's age; their mental and physical condition; their needs; the parents' age, physical and mental condition; past problems that might have come up; educational needs; medical needs; extracurricular activities; the parents' willingness to cooperate; and more.

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 Posted on August 27, 2025 in Divorce

The family business is often a source of pride for couples who put their blood, sweat, and tears into building the company. This sense of accomplishment is often the cause of some contention if the owners of the company make the decision to divorce.

There are several things that can happen if you're trying to decide what to do when you're discussing the business. Some of the options that they have include:

Fate of the business varies

Owners can decide if they want to keep the business open as-is, close it, sell or have one party buy out the other. The ability of the owners to continue to get along, despite the divorce, is often a primary factor. Whether either of them wants to continue operating the business will also play a role in this decision.

If the business will be sold, they must think carefully about how its debts will be handled. If the business will be sold or if there will be a buy-out, a valuation of the business is critical. If they will continue to operate the business together, they need a partnership agreement that clearly outlines each person's role, compensation and other critical business aspects.

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 Posted on August 20, 2025 in Child Custody

You and your spouse are navigating a divorce or getting closer to one. You know that one of the big decisions you are going to have to make is where your children are going to live and how you are going to divide custody rights.

However, one concern that you have is simply that your child will want to live with a specific parent. For instance, maybe your child has already said that, if the two of you get divorced, they want to live with your ex. You are worried that you are going to lose your relationship with your child because you will not get custody.

A child's preference is only one factor

There are two things to consider here. The first is that children are not always asked what their preference would be, especially if they are relatively young. The court is not going to issue a child custody ruling based on the opinions of a five-year-old. Children are typically only asked about their preferences if they are older, such as if you have a teenager who is in high school.

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 Posted on July 31, 2025 in Divorce

Divorce is often painted as a battleground, with each party fighting for control, assets or custody. However, many couples discover that negotiation offers a more peaceful, practical route. It can reduce stress and protect relationships, especially when children are involved.

This can significantly minimize the financial and emotional toll of legal conflict. But how do you know if negotiation is the ideal approach for your situation? While every divorce case is different, there are some encouraging signs that open, constructive dialogue could be possible. Recognizing these signs can help ensure a smoother transition for both parties.

1. You and your spouse can still communicate respectfully

Respectful communication doesn't mean you agree on everything; it simply means you're able to talk without escalating into yelling or stonewalling. If both you and your spouse are willing to listen and respond calmly, even when discussing difficult topics, you have a solid foundation for negotiation. Communication is the core of any successful negotiation, and being able to express your needs and concerns without hostility can help ensure more productive outcomes.

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 Posted on July 23, 2025 in Divorce

Divorce is likely to stir up a lot of emotions in you, and expressing them verbally might seem like a healthy and normal thing to do.

While it's important to find some outlet for your emotions and voice some of your opinions, you need to be very careful about what you say and to whom.

Your words could be used against you

Much in the same way that the police must advise people they are questioning that anything they say may be used as evidence against them, you must remember that anything you say in a divorce might work against you.

Firstly, you need to remember that your spouse or their legal team might latch onto anything you say, especially if the divorce is contentious. They don't have to hear things directly; they could find them out via hearsay. Anything you say electronically could suffer the same fate - be it a social media post, email or message.

Secondly, you need to remember that the divorce judge could be influenced by whatever they hear you say, or are told or shown you have said. They only have a limited opportunity to get an impression of you, so one angry outburst or snide comment could have a big influence.

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 Posted on July 02, 2025 in Divorce

Your marriage is falling apart, tensions are high and divorce is inevitable. You're probably exhausted from the daily arguments with your spouse, or you just want space to breathe. Packing up your belongings and leaving the family home may seem like your best option, but it's ill-advised.

Moving out too soon without a clear plan or valid reasons can create serious complications once the divorce process begins. You could unknowingly tip the legal scales in your spouse's favor. Here's why.

You might weaken your case for custody

If you have children, moving out too soon could jeopardize your chances of getting primary custody. Courts favor custody arrangements that reflect a child's existing routine and stability. When you leave the family home, the other parent may end up handling parental responsibilities alone while you're on the outside looking in.

Courts may see the new arrangement as stable and assume the other parent has been the primary caregiver or taken on the role, an impression that could work against you during custody proceedings.

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 Posted on June 24, 2025 in Divorce

Going through a divorce comes with a new set of rules that shape your daily life in your new reality. Communication is one of the aspects that will be affected.

So, should you communicate with your soon-to-be ex-spouse?

Although it's generally not a legal requirement, spouses communicating during divorce can be beneficial. It can reduce misunderstandings, leading to an amicable process. Here are three tips to help you communicate effectively during divorce:

1. Agree on the topics to discuss

You and your spouse should set strict boundaries on the topics to discuss during your divorce. Consider only discussing divorce-related matters, such as property division, spousal support, and child support and custody if you have a child.

If both of you are remaining in the family home until the divorce is finalized, you also need to discuss how to share household expenses and responsibilities, how to use communal spaces and so forth.

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 Posted on June 11, 2025 in Divorce

Once parents decide that they're going through a divorce, they have to tell the children. This isn't a pleasant conversation, but it's one that's necessary. One of the most important things to do during this conversation is to assure them that the divorce isn't their fault. Some children take divorce to heart and think that they caused it.

There's a good chance that the children will be upset about the major life change. These tips may help you and your ex to break the news in the best way possible.

Choose an appropriate time

Be sure you choose an appropriate time to tell the children about your divorce. This shouldn't be when they have big events, such as exams at school or extracurricular competitions. Instead, choose a quiet time when you won't be rushed while you speak to them.

Have the discussion as a family

It's likely best for you and your ex to tell all the children together. This presents a united parenting front, so the children may feel like they can still have stability, despite the divorce.

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 Posted on May 29, 2025 in Divorce

Spouses typically share almost everything with one another. They sleep in the same beds and eat the same meals. They combine their retirement savings and their checking accounts. They also frequently share their debts. They may open joint credit cards to cover household expenses and optimize financial flexibility.

It is somewhat common for people to carry balances on their credit cards. If there is a divorce on the horizon and a large balance due on marital credit cards, spouses have to address those financial obligations in addition to splitting up their assets.

How can spouses address credit card debt during a divorce?

Determining what debts are marital

Generally speaking, the date when someone takes on debt determines whether it is marital or separate. Accounts held in the name of one spouse could still be subject to division. However, the intention when taking on the debt can also be an important consideration.

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