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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 Posted on June 29, 2023 in Divorce

You cannot enter a divorce expecting to just get the financial outcomes you want and need. You have to work for them.

Thinking about your finances in three distinct points in time can help.

The past

Do you know how much it costs to run the house? How much you pay in dental insurance each year or how much you have spent on extras for school this year? If not, then start making a spreadsheet to total up all your expenditure. This can help you get an idea of what you will need in the future.

The present

You will face some extra costs while going through the divorce. For example, court fees, legal fees and extra accommodation if one of you moves out straight away.

You need to ensure you have access to enough money to cover all this. You do not want to risk problems if your spouse tries to lock you out of the bank accounts.

The future

Will you be able to earn enough to support your future needs? Or might you need additional help to reach this point? In some cases, you may be eligible to ask for an amount to see you through a few years of training to further your employment prospects.

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 Posted on June 18, 2023 in Divorce

If you are active on social media platforms like Facebook, Twitter or Instagram, you've probably seen your friends and/or followers share intimate aspects of their lives. You might have done the same.

While social media can be a great platform for meeting new friends or interacting with family and friends, it helps to understand that does matter when you are dealing with a legal matter like a divorce.

Your social media posts can find their way into the divorce court

When the divorce is acrimonious, it is not uncommon for each party to want to gain the upper hand. And this may motivate your spouse to look all over for anything they can use against you - including your social media posts. After all, anything you post on social media becomes a matter of public record and is, thus, admissible in court.

Sometimes, your spouse may petition the court to subpoena your social media account. If this happens, the court might access your private messages as well.

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 Posted on June 15, 2023 in Divorce

People expect honesty from their spouses, as trust is crucial to any healthy relationship. Unfortunately, infidelity has long been a leading cause of marital dissolution in the United States and elsewhere. When one spouse breaches the trust of the other, it may not be possible for the relationship to recover.

Typically, those discussing infidelity specifically mean adulterous extramarital affairs, but there is actually more than one kind of infidelity that may lead to divorce. Some people also take issue with signs of emotional infidelity, which may involve one spouse withdrawing from the other and beginning to rely on and confide in someone other than their spouse for their most serious personal issues. Additionally, a truly distinct form of dishonesty has become an increasingly common reason that people now file for divorce.

Financial infidelity involves lying about debts or assets

Spouses generally have responsibility for one another's financial obligations and have an interest in each other's assets. Therefore, they should be honest with one another about what they own and what they owe. Despite the mutual accountability created by marriage, financial infidelity is a common issue in modern relationships. One partner does not disclose to the other the truth of their financial circumstances. They may have secret debts that they try to hide or perhaps bank accounts and income that they never talk about with their partner. Financial infidelity may lead to one spouse filing for divorce when they realize that the other has wasted their shared resources.

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 Posted on June 04, 2023 in Divorce

You and your spouse must agree on all divorce-related issues when you want to pursue an uncontested divorce. Otherwise, you would have to go to trial and have a judge make the decisions. A crucial requirement for a non-contested divorce is a marital settlement agreement.

The purpose of a settlement agreement is to define the respective parties' rights and help resolve issues as you divorce. For the settlement agreement to be valid, it has to be in writing and signed by both parties. In addition, both parties involved must have something of value exchanged for something else. Here is why you need a written settlement agreement.

Provides clarity and legal protection

One of the primary reasons a written settlement agreement is necessary for a non-contested divorce is to help provide clarity and legal protection for both parties involved. By clearly outlining the agreed-upon terms and conditions, the settlement agreement serves as a binding contract. This helps ensure that each spouse understands their rights and responsibilities. This clarity can prevent any potential misunderstandings or disputes that may arise in the future.

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 Posted on May 29, 2023 in Divorce

A divorce is a challenging process, laden with emotional turbulence and practical complexities. For military members, it may come with additional considerations due to the unique lifestyle and regulations associated with military service. Understanding these specific factors can help make the process more manageable and help ensure fair outcomes for all involved.

Military divorces often involve unique aspects, such as military pensions, housing allowances, or the Servicemembers Civil Relief Act (SCRA). These can add extra layers of complexity to the divorce process.

Understanding military pensions and benefits

One significant aspect to consider is military pensions. Military retirement pay is often seen as a marital asset, and non-military spouses may be entitled to a portion of it. The Uniformed Services Former Spouses' Protection Act (USFSPA) governs how military retirement pay can be divided in a divorce. Understanding the nuances of this law can help ensure a fair division of assets.

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 Posted on April 25, 2023 in Child Custody

Are you a parent going through a divorce who is having a tough time coming up with a custody schedule for your children? Maybe you and your spouse are still on amicable terms. You're certainly able to work together and compromise.

But the problem is that none of the plans look ideal for the children. Maybe they would spend too much time in the car, for instance, or maybe they simply don't want to move out of the house that they're so comfortable in. Maybe they want to stay near the same school or near their friends and neighbors. What options do you have?

How things are different with birdnesting

One potential option to consider is called birdnesting. This is when you allow the children to stay in the house. You and your spouse then jointly own that home. When your ex has custody, they move in and you move out. When you have custody, you move back in and they live somewhere else.

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 Posted on April 18, 2023 in Family Law

Trying to raise children cooperatively across two households is a challenge. It requires emotional control on the part of both adults and also very detailed planning if the family wants to avoid messy conflicts between the parents.

If there is anything more emotional than negotiating child custody arrangements, it may be needing to consider the care of your family pet in addition to the division of parenting time and responsibility to your children. These are two ways that families commonly address a household pet in their Georgia parenting plans.

1. They discuss the pet in the family schedule

Sometimes, both parents will live somewhere where they have the opportunity to have the pet in their home. In such scenarios, it may be possible for the family pet to travel back and forth between households with the children.

This can be a very smart move, especially when the children feel emotionally vulnerable in the early stages of divorce, as their bond with the animal can be a profound source of support. Other times, families may take the alternate approach if the animal is older or does not handle travel well. They may agree that the animal will stay at one parent's home, and they may reflect that arrangement in other aspects of the parenting plan, like how they handle holiday and birthday celebrations.

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