Posted on January 09, 2024 in Child Custody

When it comes to divorce cases and parental rights, the courts will sometimes identify a primary caregiver. This is the parent who spent the majority of their time caring for the child and helping to raise them on a daily basis. The parent may have been :

• Planning activities
• Teaching basic skills like reading or writing
• Taking the child to sporting events and extracurricular activities
• Buying clothes
• Preparing meals
• Helping with bathing and grooming needs
• Going to conferences with the child's teachers
• Taking the child to doctor's appointments

Essentially, the child may just feel more comfortable around this parent if they were more heavily involved than the other parent. Creating stability and security is important during a divorce, so the courts may consider how involved each parent was in the child's life previously.

Does this still matter?

It is true that courts are moving away from ruling on the grounds of a primary caregiver. It used to be that women were generally considered the primary caregivers and would be preferential when looking at child custody rights. But this can hinder the relationship between the child and their father, so modern courts are giving this less consideration and trying to split things up more evenly between both parents.

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 Posted on December 28, 2023 in Divorce

Infidelity in a marriage is certainly one of the main things that leads to divorce, but this generally refers to extramarital affairs. It's important to note that this is not the only way that it can take place. In some cases, couples will break up because of financial infidelity.

This can take many forms, but it is generally when couples begin lying to each other about money. Maybe one person starts taking on debt without telling their spouse. Maybe they're dishonest about how much money they earn. Perhaps they've been spending in a way that their spouse isn't aware of, such as taking money out of a retirement account to spend on trips, gambling, frivolous purchases, a drug addiction or something else of this nature.

Finances and divorce

When this type of financial infidelity happens, it increases the odds that the couple will get divorced. For one thing, it can create financial stress, which is often linked to divorce. The person who is being dishonest may have spent far more of the family's money than their spouse realizes, meaning they're not going to be able to make ends meet or maintain the lifestyle that they want.

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 Posted on December 14, 2023 in Child Custody

Seeking a custody order modification is a reasonable step toward ensuring the best interests of the child if the current arrangement does not seem to work as intended due to a substantial change in circumstances. It can seem like a daunting legal process, but it is not necessarily the case.

You can navigate with relative ease if you approach it methodically and with the proper guidance. Here is what you need to do.

1. Gather relevant evidence

It is crucial to keep meticulous records of any changes or significant events that necessitate a modification of existing custody orders. You never know when such evidence may come in handy. Remember, the court needs proof that the changes you seek are in the child's best interests and will not rely on hearsay or false accusations to modify the existing orders.

Whether it's your co-parent's relocation, changes in work schedules or the child's evolving needs and preferences, among other reasons, detailed documentation serves as strong evidence to support your case.

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 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.

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 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.

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 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.

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 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.

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 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:

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 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.

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 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.

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