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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 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.

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 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.

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 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.

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 Posted on August 03, 2023 in Child Custody

Even when divorced parents share custody of their child, one or both often feels like they don't have as much parenting time as they'd like. One way you can get more time with your child is to seek a "right of first refusal" clause in your custody agreement and parenting plan.

This clause can not only give you more opportunities to spend time with your child, but it can also minimize the time your child has to spend with a third-party caregiver, whether it's a babysitter or another family member or a daycare facility.

Just what is "right of first refusal?"

This means that if your co-parent is unable to care for your child during their designated parenting time, they are required to give you the opportunity to take them before they make other arrangements. Typically, these clauses are reciprocal, so both parents are required to give the other this opportunity.

No two right of first refusal clauses look exactly alike. There are a number of variables. You can detail a number of things, like the following:

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 Posted on July 31, 2023 in Divorce

With divorce so common these days, it might surprise you to learn that the divorce rate actually seems to be going down in this country. According to the U.S. Census Bureau, the divorce rate among American women dropped significantly from 2011 to 2021.

The Census Bureau reports that there were 6.9 divorces per 1,000 women aged 15 and above in 2021. Ten years prior, the rate was 9.7. While this is probably happening for several reasons, census data shows that marriage is on the decline too. In 2011, there were 16.3 marriages per 1,000 American women; by 2021, the marriage rate had dropped to 14.9.

When broken down by state, the change in divorce rates varies quite a bit. Here in Virginia, the divorce rate dropped from 8.9 per year to 6.5. Every state's divorce rate dropped from 2011-21, with states like Alaska, Alabama and New Mexico experiencing especially dramatic drops.

Why are divorce filings becoming less common?

Obviously, the fewer married couples there are, the fewer divorces there will be. An unmarried couple will break up without the intervention of a family law court unless the couple has children together. But those breakups don't make it into census data about divorces. So it is likely that more women ended long-term relationships in 2021 (and 2011, for that matter) than the data suggests.

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 Posted on July 10, 2023 in Child Custody

When parents separate or divorce, the issue of child custody arises. Temporary child custody may be necessary before the parents agree on a long-term parental plan. This legal arrangement governs the care, control and well-being of a child during the pendency of a court case. In Virginia, temporary child custody is established when parents or legal guardians resolve custody disputes through the court system.

The court grants temporary custody to help meet the child's needs until a final custody order is determined. Keep scrolling to explore the legal frameworks and guidelines surrounding temporary child custody.

How is temporary child custody determined?

Temporary child custody provides stability, continuity and a sense of routine for the child, helping ensure their emotional and physical well-being is maintained. The court's objective in granting temporary custody is to maintain the status quo and create a stable environment for the child while the final custody determination is being made.

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