Posted on September 26, 2024 in Family Law

Postnuptial agreements are legal contracts created after a couple is married. They outline the division of assets and financial responsibilities in the event of a divorce.

are becoming increasingly popular as couples seek to protect their interests and avoid potential disputes. Keep reading to learn more about these beneficial marital agreements.

Understanding postnuptial agreements

Postnups serve a similar purpose to prenuptial agreements but are executed after marriage. They can address various issues, including property division, spousal support and debt allocation. Virginia law treats postnuptial contracts with the same legal standing as premarital agreements, provided they meet specific criteria.

Requirements for valid postnuptial agreements

In Virginia, postmarital agreements must be in writing and signed by both spouses. They should be entered into voluntarily and without any coercion or undue influence. Both parties' full disclosure of assets and liabilities is essential to ensure fairness and transparency.

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 Posted on September 25, 2024 in Divorce

Sometimes divorce proceedings are truly a surprise. The spouse who files prepares in secret so that their spouse is unaware of their intentions until they encounter a process server. Other times, at the marriage may have struggled for some time before one spouse decides to file.

Often, attempts to repair a marriage only serve to highlight how damaged the dynamic between the spouses has become. While the three arrangements below do occasionally help couples work through their issues and find a new, healthier dynamic, these approaches aimed at saving marriages are one of the first warning signs that divorce might be on the horizon.

Opening the marriage

Open marriages have become downright trendy in recent years. More people are now accepting of the idea that those in committed long-term relationships can have other partners beyond just their primary love interest. However, open marriages often look better on paper than in practice. According to statistics, approximately 92% of open marriages eventually end in divorce. Attempts to fix the relationship by seeking excitement and satisfaction elsewhere can lead to spouses connecting with other people and moving on to different relationships.

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 Posted on September 13, 2024 in Divorce

It can be difficult to tell people you are divorcing. You might worry about how they will take the news. You might even feel ashamed or guilty that your marriage did not last.

There is nothing to be ashamed of. Divorce is incredibly common, and usually, it is for the best. What you will probably find is that telling people will bring you extra support and understanding. While you have the choice about which family and friends to tell there are some people that you really must tell promptly.

Your employer

Divorce can affect people's motivation, concentration and emotions. You probably spend a lot of your time at work so it is almost inconceivable that such a dramatic event in your personal life won't affect your work life in some way. Warning your employer allows them to make allowances if you are not at your best some days. It can also permit them to help you out, perhaps by lowering your workload or altering your schedule so you can attend divorce meetings or cope with extra childcare duties or the like.

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 Posted on August 27, 2024 in Child Custody

Establishing child custody is an important part of divorce for parents. Child custody is a complicated matter that can change how parents raise their children. Instead of children being raised by their parents in a single home, many children will be raised by their parents in two different homes. In some cases, children may be raised by a single parent.

Many parents want to keep custody of their children, but they may fear they will lose custody. Parents can learn how child custody is established below:

The courts consider a child's best interests

During a child custody case, the courts will consider a child's best interests. There is no single definition of the best interests of the child. A child's best interest is, typically, what factors are the most advantageous for a child's upbringing. Some factors can include a child's happiness or a parent's ability to provide for example.

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 Posted on August 22, 2024 in Child Custody

As the school year begins, co-parents have a unique opportunity to set the stage for a successful and (relatively) harmonious academic year for their children. If you co-parent with your ex, it's time to get in gear for your child's benefit - and your own - as the new school year dawns.

Navigating the complexities of co-parenting while ensuring that your child's education remains a top priority requires cooperation, communication and an intentional focus on your child's well-being. The following are a few tips that can help you to start the school year off right.

Things to keep in mind

Children thrive on routine, especially when transitioning back to school. As co-parents, it's important to establish a consistent schedule that works across both households. This may involve coordinating school drop-offs and pick-ups, homework time and bedtime routines. Consistency can help your child feel secure and focused, making it easier for them to succeed academically and adjust to the demands of the school year.

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 Posted on August 07, 2024 in Child Custody

Custody exchange days can be challenging, especially in the beginning when you, your spouse and the kid(s) are still getting the hang of the new life. However, you can handle custody exchanges effectively with a few tips.

Here are four of them:

1. Let your kids know the days

It can be easier if your children are aware of the exchange days. You can have a calendar on the fridge with stickers marking the days they will be with you and when they need to get things ready to go to the other parent, especially if your kids are younger.

2. Have a consistent routine

Consistency on exchange days can save you from potential misunderstandings. If your exchange days are Wednesdays and Saturdays, stick to them unless something comes up, which should be communicated in advance. It can also be beneficial to choose a regular time for exchange.

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 Posted on July 27, 2024 in Divorce

The process of separating from a spouse can be challenging and emotional. Divorce can become more complex for couples who share financial sources of income or depend on each other for stability.

Additionally, if you are in business with others, your business partners might fear that your divorce will lead to distractions that may affect your company's financial stability or overall health. It's natural for them to worry about how the division of assets between you and your spouse might affect the business. During this period, it is paramount to maintain your company's stability and help ensure your business partners' trust remains intact.

Strategies to retain your business partners' trust

With careful planning and transparent communication, you can reassure your partners throughout the divorce process. Here are ways to retain their trust:

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 Posted on July 22, 2024 in Child Custody

When you and your ex were married, you got to work together to make medical decisions for your child. When you decided to get divorced, your custody arrangement determined who would be allowed to make these choices. This is known as legal custody, and it is separate from physical custody - where the child lives.

But you may find yourself in a situation where you and your ex don't agree on what should happen moving forward. Maybe you do not want your child to get certain vaccines from the doctor. Your ex does, and they are going to take the child to the doctor without your permission. Are they allowed to do so?

Is custody shared jointly?

It just depends on the custody arrangement. Even if was split between both of you, the court may have assigned legal custody to only one person. If your ex has sole legal custody, then they do have the right to make these decisions without your input.

But if legal custody was also shared or split between the two of you, then your ex cannot make this decision on their own. It would be a violation of your child custody rights if they made decisions about healthcare, religion, school or finances without consulting you.

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 Posted on July 02, 2024 in Child Custody

Sometimes, the most challenging aspect of your impending divorce is when and how you will tell your family and friends. Even more difficult is knowing when and how to tell your children.

It may be a conversation you wish to delay as long as possible, but there are several reasons why it's better to do it sooner rather than later.

A significant life change

While it's important not to wait too long to tell your children about the divorce, you also don't want to do it too soon. It's essential that you and your partner are absolutely sure about the division to divorce. You should also have a clear plan on how the divorce will proceed, including living arrangements, custody and a co-parenting plan.

You and your partner must decide on the right time and place to have this conversation with your children. Avoid holidays and special events, such as birthdays. Choose a calm, private setting where your children feel safe and secure.

If possible, both parents should be present. This can help reassure your children that even though your relationship with each other is changing, you are both committed to their well-being.

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 Posted on June 25, 2024 in Child Custody

Custody decisions are never easy, but they can become even more complex when a child has special needs. Like most states, Virginia courts have a single guiding principle: the child's best interests. The courts consider various factors to ensure the child's unique requirements are met in a supportive and stable environment.

Best interests of the child

The main concern in custody cases is the child's best interests. The court assesses which parent is better equipped to handle the child's primary needs. For instance, parents must cater to the physical health, emotional well-being, special educational programs and social development of a child with special needs.

Stability and continuity

Children with special needs often thrive on routine. The court looks at the continuity of care and the consistency of the child's environment. The preference may lean towards a parent offering a stable, predictable routine that accommodates the child's needs.

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