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Do you need to communicate with your spouse during 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.
Tips for telling your children you're divorcing
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.
Who pays for marital credit cards after a 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.
What factors do courts consider in custody modification cases?
When a parent seeks to change a child custody arrangement, the court does not make that decision lightly. A custody modification can affect where a child lives, how much time they spend with each parent and how decisions are made about their care. Because of these potential impacts, the court evaluates requests with a strong focus on the child's best interests.
Family dynamics, circumstances and the needs of the child can change over time. When that happens, one or both parents may request a new custody arrangement. However, a parent must show a significant change in circumstances before the court will even consider making a modification.
How do judges make custody modification determinations?
Courts focus on what is best for the child rather than what is most convenient for either parent. Judges will before deciding whether a custody order should be changed. These may include:
- The physical and emotional needs of the child and whether those needs are being met under the current arrangement
What financial documents are required for divorce?
Dividing finances during a divorce in Virginia requires a clear picture of both parties' financial circumstances. Courts use this information to divide property fairly and determine support obligations.
To do this, each spouse must disclose key financial documents. Below are the most important documents that are needed.
Income and employment records
Both spouses must provide proof of all sources of income. This includes recent pay stubs, W-2 forms and tax returns from the past few years. If either spouse is self-employed, business income statements and profit and loss reports may also be needed. Bonus payments, commissions, rental income and other sources of earnings should also be disclosed.
Assets and property details
Virginia law requires full disclosure of all marital and separate property. This includes bank account statements, retirement account balances and investment portfolios. If either spouse owns real estate, they must submit mortgage statements and property valuations. Vehicles, valuable collectibles and personal property of significant value may also need to be listed with supporting documents.
What if co-parents can't agree on child-related decisions?
When co-parenting after a divorce, you and your ex could run into some conflicts over how certain decisions should be made. For example, maybe your child graduated from elementary school and needs to enroll in middle school. You think that a certain school would be best, but your ex doesn't like it and wants to enroll the child in a completely different school. Another example could be if your child needs certain types of healthcare, but your ex believes it isn't necessary.
The crux of these issues revolves around legal custody. Parents who have legal custody of their children-which can be distinctly different from physical custody-are the ones who make decisions on the child's behalf. If you have sole legal custody, even if you share physical custody so that your child sometimes lives with your ex, you can make these decisions on your own. But if you share , then the two of you have to agree.
The court can make a ruling
In most cases, courts encourage parents to work together and find joint solutions. They need to be able to compromise and must realize that they won't always get 100% of what they want in every case.
Do you have a right to your ex's retirement benefits?
Depending on your age when you're getting divorced, your retirement options may be at the forefront of your mind. For instance, the rate of divorce for those who are 65 years old and older has tripled over the last few decades. Couples around this age are often planning to retire in the very near future.
But you may be concerned if your spouse was earning retirement benefits or a pension plan, and you planned to use them to retire jointly. Now that the two of you have decided to get divorced, do you have any right to those benefits, or are you just out of retirement options? After all, it may be too late to begin saving on your own since you anticipated having those benefits at your disposal.
A qualified domestic relations order
You can split up the retirement benefits in many cases, and you do it with a qualified domestic relations order. This can be put in place before your spouse retires. After they do, they have to give you the percentage of the plan allotted to you in the QDRO.
Can your child choose which parent they live with?
You're worried about losing your connection with your child after the divorce. The problem isn't necessarily your spouse, however, but your child's own preference. When you told them that the two of you were going to get divorced, they told you that they only wanted to live with your ex.
However, you may find yourself wondering if your child even can make this decision in the first place. Don't you have to split up child custody rights? If the court gives you custody, doesn't that mean that you will maintain the relationship with your child?
Your child's preference
Courts may indeed need to make a custody ruling if you and your spouse can't agree on an arrangement yourselves. It's also true that many courts will split custody between parents so that neither one of them loses touch with their child.
That said, your is one of the factors that the court can consider. First and foremost, it likely depends on your child's age and other relevant factors. The court needs to believe that the child is old enough and wise enough to understand the decision they're making.
3 common challenges when dividing investments during divorce
Investing is an important financial strategy for people thinking about the future. Married couples often develop investment plans as a way to increase their personal wealth and prepare for retirement. They buy stocks, acquire vacant parcels of land, purchase gold or even accrue digital resources that could appreciate in value over time. Often, the intention is to hold these investments for years or even decades.
If couples invest during a marriage and then decide to divorce, they may have a challenging process ahead. Investments come in many different forms, and couples may have diversified their portfolios to optimize their financial stability. They could have a number of different types of investments to address as they seek to divide their property equitably. Spouses with investments can anticipate numerous challenges arising in the near future, including the three discussed below.
Separating personal investments from marital ones
Individuals driven to achieve financial stability and career success may have already made significant strides toward those goals before getting married. They may have accumulated real estate holdings, stock portfolios and other assets. Spouses may need to invest time and effort into analyzing their holdings to determine what is marital property and what is separate property that only belongs to one spouse.
Will your FEHB coverage continue if you divorce a federal worker?
It's certainly a stressful time for federal employees here in Northern Virginia and across the country. If you're considering or already planning a divorce (and you and/or your spouse is a federal employee), the temperature in Washington can definitely add uncertainty and stress for the whole family during an already stressful time.
If you're the spouse of a current or retired federal employee, you may be able to continue to receive health insurance through the Federal Employees Health Benefits (FEHB) plan post-divorce. It's important to know whether you will continue to qualify for this coverage and what your options are if you don't.
Can you continue to receive FEHB coverage?
As long as you were covered under your spouse's FEHB plan any time during the 18 months prior to divorce and are eligible to receive a portion of their annuity or survivor benefit, you're eligible under the Spouse Equity Act to get your own FEHB plan that you can stay on unless and until you remarry before you turn 55. If you remarry after that, your coverage will continue. You can't continue to be covered on your ex-spouse's plan once the divorce is final. (Note that your children can remain on your ex's plan.)


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