Posted on April 01, 2020 in Firm News

It's common for couples to open a joint bank account after marrying. After all, much of the expenses are shared, so it makes sense to pool resources.

That begs an uncomfortable question: what happens to that account, and the money in it, during a divorce?

It's not always as simple as withdrawing your own funds and heading your separate ways. The legal implications must be considered.

Survey your personal situation and act accordingly

For some people, abusive or controlling behavior is a risk, and they may find their spouse drained the account, leaving them financially vulnerable. Women are particularly affected by post-divorce financial difficulties, since in many marriages, men are still either the sole earner or earn more income overall.

Some married couples also have separate accounts maintained by one spouse, but which contain shared assets.

These are all factors to consider when deciding what to do with the account - how much to withdraw, when to close it, and whether other assets will factor into your share of the joint finances.

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 Posted on March 20, 2020 in Family Law

Divorce can be a stressful experience full of conflict. Divorcing parties are not necessarily always inclined to agree on things during this emotional time. Sometimes, mediation, instead of litigation, may offer a path forward.

Mediation is a type of alternate dispute resolution that focuses on compromise. Mediators can sometimes be each party's attorney, but many people agree on a third party to help. The mediator's job is to guide the disputing parties toward a resolution - one on which they both agree.

The benefits of mediation

Mediation can be voluntary, but sometimes a judge may rule for it. However two parties come to mediation, it can provide several benefits:

• Decide for yourself: Mediation allows two parties to design and agree to a mutual resolution. When two parties find a common middle ground, they are more inclined to hold up their end of the bargain.
• Confidentiality: Court cases are matters of public record and susceptible for use in future lawsuits. In nearly all mediation cases, everything said by parties is confidential.

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 Posted on March 18, 2020 in Family Law

Divorce can feed a person's worst instincts, especially when it turns into a contentious battle. Many people may not have a second thought about venting those negative feelings in a public forum.

But can a snarky comment targeting your spouse hurt your chances for a favorable divorce outcome? The answer is that it can potentially harm your reputation, family relationships and your opportunity for a positive result.

Strive for the moral high ground

The reality of today's world is that any comment you utter aloud or post online can come back to haunt you. There are three distinct advantages for avoiding rude or contentious comments:

• Child custody: Courts put the best interests of the child first and foremost in any custody arrangement. Speaking ill of the other parent can cause a judge to view you in an unfavorable light and give your spouse added ammunition to receive a more favorable custody decision.

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 Posted on March 17, 2020 in Family Law

Finances are one of the most common sources of conflict between married partners. When a relationship has deteriorated to the point of divorce, feelings of mistrust, resentment and anxiety about the future may lead either spouse to make emotional decisions that can have a costly impact on the outcome in court.

Attempting to hide or spend down shared assets is one of the most common financial mistakes that separating couples make. It is important that divorcing partners know that doing so may violate Virginia law, which obligates both spouses to make an honest and complete disclosure of all personal and marital property, including income, expenses, debt and other assets.

How do spouses try to hide assets?

From misreporting spending to withholding earnings information, there are many ways that divorcing spouses may try to hide assets from their partner and from court scrutiny. Some of the most common include the following:

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 Posted on January 10, 2020 in Family Law

Establishing child custody can be a challenge during a divorce. In many instances, courts often make decisions based on a variety of factors.

While a judge's perception can determine the outcome, there are a few key factors they look at when making their decision.

Here in Virginia, courts can give to a child's best wishes before deciding who their custodial parent is. At the same time, the noncustodial parent is typically entitled to visitation rights with their children, unless they pose a significant threat to their wellbeing.

Factors courts consider when making a decision

Typically, a court's standard for acceptable living is usually based on the child's preferences and each parent's capabilities. Here are a few things a judge may consider:

• Age of the children: As they get older, children typically need to have more space and privacy than younger ones. If the kids are in their early adolescence, a court may not look favorably upon a parent who only has one bedroom for them and their other siblings to share.

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 Posted on January 07, 2020 in Family Law

When contemplating a divorce, the primary considerations for spouses are the welfare of their children and safeguarding their financial well-being.

Divorce can become a contentious and emotional process, so if you are considering ending your marriage, it's essential that you take steps well in advance to protect your money.

Ways you can secure a better financial future

There are several actions you can take on your own to protect yourself financially before filing for a divorce, including:

• Open your own bank accounts: Inform your spouse that you are setting up your own accounts and let them know how much you are depositing so you aren't accused of hiding funds later.
• Close joint accounts: If possible, pay off all loan and credit card balances that you hold together or put accounts in one spouse's name only, which will reduce financial stress when debts are divided later.

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 Posted on October 10, 2019 in Family Law

After a divorce, parents want their children to continue to feel loved and secure. Studies show kids have the ability to adapt to their new situation when both parents remain involved in their lives, even though they may live with one parent a majority of the time.

That's why a structured co-parenting plan is essential for forging a new path forward, one where both former spouses effectively communicate to put their child's well-being ahead of any negative feelings they may have for each other.

Co-parenting behavior to follow

There are many things you can do to create a healthy environment for your child when co-parenting, such as:

• Communicate with your ex: This may be one of the most challenging things a former spouse can do, but it's essential to openly and honestly discuss all issues surrounding your children.
• Consistency: Draft a plan where the same rules apply to both households. Kids need consistency and can't be allowed to behave differently under one parent's supervision.

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