Posted on January 31, 2025 in Child Custody

Co-parenting is already a challenge, but when one parent works night shifts, creating a fair and workable parenting schedule requires extra planning. Jobs like healthcare, law enforcement, transportation and manufacturing often require overnight work, making traditional parenting schedules difficult to follow. However, it is possible for co-parents can develop a plan that provides stability and quality time for both parents and children alike.

Parents who work overnight face unique co-parenting difficulties that should be taken into account when they are creating a parenting time schedule. These challenges may include:

• Limited Availability: A parent who works at night may sleep during the day, reducing their ability to spend daytime hours with their child
• Inconsistent Schedules: If the night shifts rotate or vary, it can be difficult to maintain a consistent routine

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 Posted on January 19, 2025 in Divorce

Divorce can very quickly become a contentious process. Spouses disagree about a reasonable and fair way to divide their resources and their parental rights and responsibilities. They may need to go to court to have a judge resolve their disputes with one another.

The process can become substantially more difficult to complete if one spouse needs to prove that the other is to blame for the divorce. Even in cases where adultery, abuse and other types of misconduct inspire a divorce filing, the person pursuing divorce may hope to file for a no-fault divorce.

Are no-fault divorces an option in Virginia?

No-fault divorce is possible in Virginia

The good news for spouses hoping to pursue a no-fault divorce filing in Virginia is that the state absolutely allows for no-fault divorces. The bad news is that the process is not necessarily fast.

The only no-fault grounds available for divorce in Virginia is a lengthy separation of the spouses. Spouses need to live apart from one another for at least six months to be eligible for a no-fault divorce based on separation. In cases where there are minor children still living with parents who wish to divorce, the separation must last for at least a year for the spouses to qualify for a no-fault divorce.

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 Posted on January 09, 2025 in Child Custody

All family law cases are different. Despite this, the court applies some key principles to all cases.

For custody matters, the deciding factor is the best interests of the child. What does this mean in practice?

Determining the child's best interests in Virginia

Several factors contribute to the best interest of the child. Some notable points include:

• The child's age and health condition: The court will assess the child's needs based on their age and whether or not they require any special care.

• Whether parents can meet these needs: The court will assess the bond each parent has with their child. They will also consider the financial stability of each parent and their home environment.

• The child's preferences: In some cases, the child's preferences may be considered. However, the child must be mature enough to express a reasoned opinion and this is not the deciding factor.

• The child's routine: Generally, the court prefers to keep the child in a stable routine. This includes attending the same school if possible and living in the same neighborhood.

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 Posted on December 24, 2024 in Divorce

Sometimes, one of the most time-consuming (and often stressful) chores of divorce is deciding who gets what. We're not talking about the house or the bank accounts, but the "stuff" that a couple has accumulated over years of marriage.

As one or both spouses move into another home, they will need to buy everything from furniture to dishware. If they'll be co-parenting children, they'll need to make sure they have a fully furnished room and possibly their own bathroom in each one.

Divorce registries aren't just for women

The more time a couple spends fighting over who gets the top-of-the-line coffee maker and the bookcases, the less time they have to focus on the larger assets and other divorce matters. That's one reason why divorce registries have become increasingly popular. While they were initially marketed to women who are used to bridal and baby registries, they've gradually attracted men.

The divorce registry Fresh Starts lets people choose "bundles" of essentials as well as room bundles so that friends and family can help them furnish or stock a child's room, kitchen, living room or home office. Major retailers like Amazon also let people create registries for any occasion - including divorce.

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 Posted on December 04, 2024 in Divorce

Researchers have identified certain trends when studying divorce statistics. One notable observation is that divorce rates tend to increase when a couple becomes empty nesters.

For instance, imagine you and your spouse have one child who is a senior in high school. Next year, they will move out to attend college. Why would this transition make it more likely for you and your spouse to file for divorce? Below are a few potential reasons.

Marital issues become clear

Many marriages already have underlying issues, but the demands of raising children can mask these problems. Parents may be so focused on their roles as caregivers that they don't address or fully realize the challenges in their relationship. When their child moves out, they suddenly have the time and space to reassess their personal relationship, which may lead to divorce.

A new stage in life

The transition to an empty nest often marks the beginning of a new life stage. Parents may now focus on their own goals, priorities and desires. If these no longer align with their spouse's, they may decide that divorce is the best option for both parties.

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 Posted on November 28, 2024 in Child Custody

Shared custody is relatively common when parents end their relationship with each other. Divorce and breakups involving unmarried parents typically require difficult discussions between the adults about custody matters. Unless there are issues related to abuse, medical challenges, addiction or incarceration, both parents likely have a right to shared parenting time and parental authority.

Sometimes, relationships end while children are still very young or even before their birth. In such scenarios, parents may assume that shared custody isn't possible because their children are so young. However, parents can usually find ways to divide time with their children at any age.

There are simply special considerations that come into play when children are not yet old enough to attend school. Shared custody of an infant often looks significantly different than shared custody of older children.

Young children do not yet understand object permanence

The most important factor in any custody decision is what is best for the children involved. For infants, sharing a healthy bond with the parents is important, especially the parent who has served as the primary caregiver.

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 Posted on November 26, 2024 in Divorce

Rebuilding your financial stability after a divorce can feel overwhelming, but you can create a secure and independent future with the right strategies. Divorce often brings significant financial changes, and addressing these challenges head-on is crucial. By understanding your current situation and taking proactive steps, you can regain control and set yourself up for success.

1. Assess your financial situation

Start by evaluating your current financial status. List your assets, liabilities, income and expenses. This comprehensive overview helps you understand where you stand financially. Knowing your net worth and monthly cash flow will guide your budgeting and planning efforts. Having a clear picture of your finances is essential before making any decisions.

2. Create a new budget

Adjust your budget to reflect your new circumstances. Focus on essential expenses, such as housing, utilities, and food, while identifying areas where you can cut back. Allocate funds for savings and an emergency fund to prepare for unexpected expenses. A realistic budget helps you live within your means and avoid unnecessary debt.

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 Posted on November 11, 2024 in Child Custody

Child custody is an emotive issue in divorce, and sometimes, it might lead to deeply rooted problems with your ex-spouse. In extreme cases, the other parent may even attempt to manipulate the child into rejecting or resenting you without valid reasons.

When this happens, parental alienation syndrome may manifest in the child, potentially leading to long-term emotional and psychological challenges. However, identifying and documenting the signs of parental alienation can help you prove its impact on the child's well-being and support your case for a healthier custody arrangement.Signs may include the following.

Refusal of contact

One sign of parental alienation is a child's refusal to engage with you, even when you previously had a healthy and loving relationship. This rejection is often irrational and might be based on complaints or fears instilled by the other parent. Your child may resist visits or avoid communicating with you altogether, leading to emotional distance and strain on the relationship.

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 Posted on October 23, 2024 in Divorce

As you likely know, divorce brings many challenges, making legal guidance vital, but the relationship you build with your representative hinges on total transparency.

It can be difficult to disclose intimate or embarrassing details about your life and marriage, but it is crucial to facilitate the best possible outcome. Here are five reasons transparency is paramount during a divorce.

1. To provide a clear snapshot

The person representing you needs a comprehensive understanding of your circumstances to provide accurate legal support. Hiding important details or withholding information can lead to misunderstandings and potentially harmful decisions.

2. To continue building trust

Trust is the foundation of a successful legal partnership. By being honest, you build a strong sense of trust and mutual respect with your representative. In turn, this empowers them to serve your interests better and prioritize a fair divorce decree.

3. To improve negotiation outcomes

Honesty can significantly impact the outcome of negotiations. When your representative has all the necessary information, they can negotiate more effectively on your behalf. This transparency can lead to better settlements and a smoother resolution process.

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 Posted on October 11, 2024 in Child Custody

It is nearing the end of the year and many families are preparing for several fall and winter holidays. For divorced parents who share custody of their children, this time of year can be the hardest. Co-parents may need to discuss how they are going to spend the holiday with their children.

Co-parents can prepare in advance for the holidays. Here are some questions to ask:

What holidays are being celebrated?

There are many different fall and winter holidays and many people only celebrate a few. Parents may have different religious or cultural beliefs that will decide which holidays they celebrate. For some parents, this can make things challenging if they celebrate the same holidays. However, if parents celebrate different holidays, it may be easier to split custody time.

Where are parents spending the holidays?

Not everyone spends the holidays the same way. Many people spend their holidays at home or with family while others may go on vacations at the beach or on cruises. How each parent wants to spend their holiday can ultimately decide which parent will have custody of their children.

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