Posted on May 12, 2020 in Family Law

One of the most complicated parts of getting divorced will involve finding a fair way to split your possessions and debts with your ex. It is common for people to want more of the marital estate as a way to punish their spouse or to want to defend certain assets that they acquired, especially if they were the breadwinner for the family or have an emotional attachment to specific assets.

If you inherited assets, whether you received real estate or financial accounts, you might wonder if the law in Virginia will require you to split that inheritance with your spouse during a divorce. To understand if your spouse has a claim to the inheritance, you should first familiarize yourself with how Virginia divides your property in a divorce.

The Virginia family courts want to split your marital assets equitably

The judge presiding over a divorce in Virginia will look at many different factors from the marriage when trying to figure out how to split up assets fairly. Virginia's equitable distribution standard means that fairness, not a 50/50 split, is the goal of this process.

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 Posted on April 30, 2020 in Divorce

Planning for the wellbeing of children during a divorce can be a messy process. Children are not assets, so negotiations on their care often take place outside other deliberations. Parents and their attorneys can resolve these issues with a comprehensive parenting agreement.

Sometimes called a co-parenting plan, a parenting agreement is a written document that outlines the care for children post-divorce. These agreements are an essential part of divorce proceedings and ensure stability in a child's life.

What does an agreement include?

Not all parenting agreements will be the same. The needs of families differ significantly, so parents need to develop a plan that addresses the wellbeing of the children while also setting realistic expectations for themselves. Many agreements outline the following:

• Physical custody. The concept of physical custody defines with which parent the child will live and accounts for the child custody laws of the state.

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 Posted on April 27, 2020 in Divorce

As a business owner facing divorce, you may wonder if your spouse will receive ownership or income from your company as part of their settlement. Whether your split is civil or acrimonious, this prospect is unsettling. If you're concerned about protecting your business during divorce, keep these tips in mind.

Ensure your business is separate property

You and your spouse may have drafted a prenuptial agreement before your marriage. In it, you may have declared your business as separate property. By doing so, you will have saved yourself from both an expensive and stressful valuation and from parting with your enterprise's assets. Or, you may have decided that only the profits your business earned after your marriage count as joint property. This arrangement still protects any assets you held before your marriage, so long as you did not commingle them with your spouse. Yet, you and your spouse might not have drafted an agreement. Or, you may have started your business after your marriage. In these cases, you will likely pay your spouse a share of your company's value or appreciation, even if they do not receive income from it after you two divorce.

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 Posted on April 21, 2020 in Divorce

Divorce is often difficult for children. Kids during a divorce may feel confused or guilty, and witnessing their parents argue may scare them. Many parents likely want to shield their children from this hostility.

So, how can parents equip themselves to face the challenges of responsible parenting during this emotionally volatile time?

5 guidelines that put children at the forefront

1. Do not use the children. Children should not play any significant role in divorce proceedings. Parents need to keep their children informed of expected changes, but little else. Drawing the children into fights or using them as a go-between for parents who are unable to communicate may damage a child's relationship or cause lasting harm.
2. Do not make children choose. Asking children to make choices between parents, even in minor circumstances like choosing a parent to sit next to, may inflame conflict and put an undue amount of pressure on a child. Parents can still encourage children to voice their feelings or thoughts, though. In fact, a child's testimony may be vital in a custody battle. Keep in mind that encouragement is different than pressure.

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 Posted on April 09, 2020 in Family Law

Every divorce is different. But all divorces have the potential to bring significant change to family dynamics. Especially if you have children, how you adjust to life after divorce can greatly impact short- and long-term personal matters. You may find that your relationship with your child is not what it used to be, or that you do not find as much joy in your hobbies and passions.

Many interpersonal and underlying complications can arise following the end of a marriage. The stress of divorce may even lead to self-loathing and, according to the American Psychological Association (APA), those who put in the effort to be kinder to themselves have a better chance of managing everyday difficulties that result from divorce.

Another measure you can take, even if it seems like the last thing you want to do, is to try to cooperate and communicate with your ex-spouse. You can prepare for such cooperation by creating a list of talking points to use as a guide when you speak with them; this can make for an easier means of processing what needs to be done.

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 Posted on April 07, 2020 in Family Law

Divorce is only a clean break for couples who don't have kids. Those who share children will remain part of each other's lives indefinitely. Since a full severing of the marital relationship isn't possible because of the connection that occurs through the children, those in unhappy marriages sometimes choose to limp along their relationship for the sake of the kids.

These parents usually think that their actions would benefit their kids, but psychological research indicates that they may do more harm than good by staying in an unhappy marriage. Kids are intelligent and capable of analyzing the emotions and moods of their parents, and they also often base their expectations for their own relationships on what they see their parents doing. In other words, getting a divorce may be a better option.

The longer you stay in an unhappy, unbalanced marriage, the worse it becomes

Unhappy and unfulfilling marriages don't magically get better over time. While it is true that couples can reconnect and rebuild a relationship that has begun to struggle, that doesn't happen without some kind of effort or massive impetus, such as an unexpected death in the family.

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 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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