Posted on December 07, 2023 in Child Custody

The dynamics within a family are in a state of constant flux. The children may have a very different relationship with each parent at different stages of their development. Those dynamics will continue to shift as family members grow and circumstances change.

Oftentimes, the parents in a family or a Virginia judge drafting a custody order will try to factor in existing relationships and the preferences of the children when dividing parenting time. However, it is usually in the best interests of the children to maintain their relationships with both parents, even when they currently get along better with one parent than the other.

What can a parent do if their children refuse to spend time with them despite a custody order granting them parenting time?

The other parent should help

Each adult who is subject to a custody order must do their best to abide by the terms approved by the Virginia family courts. Parents need to show up on time for their visitation and make sure that the children are ready for time with the other parent in the family.

Continue Reading ››

 Posted on November 28, 2023 in Divorce

You and your spouse have decided to file for divorce and you both want to avoid a long and complicated process. Instead, you agree to settle the matter amicably and independently. This type of divorce is known as uncontested.

An uncontested divorce allows a couple who has mutually agreed to end their marriage to settle all the major issues involved in the process without drawn out litigation. This means that they can sign the necessary documents without having to go through the stress and expense of a divorce trial since they have resolved everything themselves or through mediation.

Obtaining an uncontested divorce in Virginia

According to Virginia code § 20-91 a couple who wishes to file for an uncontested divorce must have lived separately for at least one year, or six months if they have minor children. During this separation period, you and your spouse must establish yourselves independently. This means setting up individual bank accounts and residences.

Continue Reading ››

 Posted on November 12, 2023 in Child Custody

Parents sometimes assume that child custody is just going to be split in half. If they are not granted sole custody of their child, then they believe that those rights will be divided equally between them and their ex.

But this is not always the case. The court is going to do what is in the best interest of the child. This may mean that custody is not perfectly equal. For example, if it allows the child to stay in the same school system, then the court may rule that the child will live with the same parent all week - putting them closer to that school. They can then see the other parent on the weekends. This may not be perfectly fair, but it puts the child in the best possible position.

There are different types of custody

On top of that, parents need to remember that there are - physical custody, or parenting time, and legal custody, or decision-making power. These also don't have to be split up equally.

For example, the court may decide that it would be best for both parents to see the child, so they share physical custody. One parent at least has visitation rights and gets to spend some time with their child.

Continue Reading ››

 Posted on October 27, 2023 in Divorce

You may not have heard the news, but the divorce rates in the United States have fallen - except among the silver-haired crowd.

So-called "gray divorces" have doubled since the 1990s, and 25% of all divorces now involve couples in their 50s and older.

What's causing people to end long-term marriages?

Some of the explanation for the rising gray divorce rate, undoubtedly, has to do with the fact that some people in that age group are on their second (or third) marriages - which may be harder to keep going than marriages people formed in their youth. However, there are a lot of other factors involved. These include:

• Longer life expectancy: People are living longer, and many couples may find that they have decades of life left after their children have left the home. This can lead them to reassess their relationships. When those relationships are found wanting, they may decide to pursue their personal happiness alone.

Continue Reading ››

 Posted on October 12, 2023 in Divorce

If you're a federal employee or retiree whose soon-to-be ex doesn't work for the federal government, they're likely getting their health insurance through your Federal Employee Health Benefits (FEHB) plan. You may be wondering if you have to continue their coverage after your divorce.

If any person is covered under their spouse's health insurance plan, in the public or private sector, their coverage typically ends the day the divorce is finalized. The same is true with FEHB unless the non-federal employee's spouse makes other arrangements.

If your spouse meets the requirements, they can continue to receive FEHB coverage as a former spouse thanks to the Spouse Equity Act. However, they need to get that coverage themselves and you have no obligation to pay for it unless that's something you work out in your support agreement.

Who qualifies to continue on an FEHB plan as a former spouse?

A former spouse can get their own plan as long as:

Continue Reading ››

 Posted on October 05, 2023 in Divorce

Most Virginia divorces prove challenging for the people involved at least intermittently. Between surging emotions and disagreements about practical matters, divorce proceedings can be very challenging for couples to navigate.

Couples in unusual circumstances sometimes need to have more difficult conversations with each other than usual and more terms that can spark intense disagreements as well. For example, when couples own a business together, that could very likely make it harder for them to resolve property division matters in particular. These are a few of the reasons why divorces involving a family-owned business tend to be so complex.

The income consequences

Starting or growing a business is expensive and requires a lot of time investment as well. Both spouses will often contribute to the business and could very well also rely on it for income. Sometimes, people can continue working together at the company or owning it jointly after the divorce. However, often at least one of the spouses will have to start looking for new employment and could have income-related concerns.

Continue Reading ››

 Posted on September 26, 2023 in Divorce

A prenuptial agreement can be used during a divorce. It often simplifies the process. Many financial decisions will have already been made in the prenup, for example, meaning they don't need to be made during the divorce case itself.

But even if you have a prenup, you need to be sure that it's actually valid and it's going to be used in court. Below are a few examples of reasons the prenup .

The other party didn't read it

If the other person didn't have time to read the prenuptial agreement, they can use that as a reason to have it removed from court. An example of this could be if one person brought up the idea of a prenup the day before the wedding, and the other person felt pressured to sign - even without time to read the document - just so that the wedding would still happen.

They didn't sign of their own free will

Speaking of pressure, a prenup is invalid if the other person was manipulated or coerced into signing it. A prenup must be signed of someone's own free will, and it's not valid if it was signed under duress.

Continue Reading ››

 Posted on September 18, 2023 in Child Custody

Halloween may not be considered a major holiday by the courts when parenting plans are crafted, but the holiday can be a very big deal to the average kid - and their parents. Ideally, you and your co-parent can put your differences aside for a bit and work together to pick out costumes, take the kids trick-or-treating and generally make the holiday special.

But, what if you can't? If your emotional wounds are too new or there are other issues that make it impossible for you and your co-parent to amicably spend even a short time together, you need to come up with another plan. Here are some suggestions:

Split the schedule

Trick-or-treat times are usually location-specific, so if the time for Beggar's Night in your neighborhood is different from the time in your co-parent's neighborhood, you can each take the kids around in their costumes. That means your kids get twice the fun, and neither you nor your co-parent need to miss out on those precious memories.

Continue Reading ››

 Posted on September 05, 2023 in Child Custody

Co-parenting is a journey filled with challenges and rewards, and one area that often needs special attention is managing your child's extracurricular activities. These activities, including sports, arts and educational programs, are vital to your child's development. They offer an opportunity for skill-building, socialization and even fun.

The beauty and the complexity of extracurricular activities lie in their ability to impact various aspects of family life, especially for divorced parents. With thoughtful planning and open communication, managing your child's extracurricular schedule doesn't have to be stressful.

Making a shared calendar is vital

Developing a shared calendar is one of the first steps in successfully managing your child's extracurricular activities. This tool can be digital or physical if it's easily accessible to both parents. The calendar should include all the important dates, from practices to performances to any out-of-town tournaments. Not only does this keep everyone informed, but it also helps parents divvy up responsibilities like transportation and attendance at events.

Continue Reading ››

 Posted on August 22, 2023 in Family Law

Gathering evidence is essential for all divorces, but even more so if you think your divorce will be litigious. You are unlikely to agree on everything, and an argument without evidence is just a point of view.

If you want the other party or the judge to understand why you need a certain amount of money or why your child will be better off living with you, the more evidence you have to back up your claims, the more likely you are to get your wish.

Here are some other things you need to do if about to divorce:

Protect your assets

You cannot just lock your spouse out of joint assets. You should, however, consider closing things like joint credit cards early on in the divorce to reduce the chance that one party burdens the other with new debt. You might also want to reroute your paychecks so that they go into a personal account rather than a joint one.

Take time out to think about what really matters

Things can quickly get heated once one spouse tells the other they want a divorce. That can lead people to make rash decisions, which you could end up regretting in years to come. Look for ways to create time to escape it all and think about what you want and need for the future. If you have kids, you also need to think seriously about what they want and need. Do not be afraid to call in favors from friends and family, bosses and colleagues, or even the spouse you are divorcing, to give you that time to think.

Continue Reading ››