Posted on August 13, 2021 in Divorce

For many couples, property division is the biggest issue in their divorces. Arguments about shared or marital property are common, and sometimes spouses engage in misconduct to try to lash out at each other.

One spouse might try to hide property, or both spouses may want to keep the same assets, like the house, leading to an acrimonious battle in court. Dividing property can be hard to do even if you both avoid misconduct.

Some spouses can negotiate a settlement before going to court. Others require the support of a judge to divide their assets. Regardless of which approach you take, you may sometimes need specialized agreements or documents to divide specific property. When might your Virginia divorce require that you draft and execute a Qualified Domestic Relations Order (QDRO)?

A QDRO is for retirement accounts or pensions

Legal steps vary to fairly split up property. For example, a house will probably require refinancing and the execution of a deed. Court orders can be crucial for the transfer of certain assets.

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 Posted on August 05, 2021 in Divorce

The decision to divorce is one that isn't taken lightly. For some, the decisions that have to be made about property division are just as difficult to make. It's imperative that you take the type of assets into account when you're trying to split things up.

Some people who are going through a divorce will compromise to ensure that the property gets divided as quickly as possible. Taking an inventory of the things that need to be divided is critical so you know exactly what you have to address.

Major assets

Major assets, such as the house, retirement accounts and vehicles, are the ones usually at the heart of any contention. In many cases, these are sold or liquidated and the profits are split between the two parties. The other option is for one spouse to buy the other out — either with cash or in trade for other assets.

Smaller assets

Some assets, such as the art collection or furniture, might also be difficult to divide, partly because most people don't want to split up established sets. Valuation of these assets is sometimes necessary before they can be divided. It might be best if each person claims specific sets of assets until everything is divided.

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 Posted on July 22, 2021 in Divorce

Being a co-parent with an ex takes a lot of work. Even in the best of circumstances, there's a chance that you and the other parent will have disagreements. Some people may have an even more complicated situation than others because they have a co-parent who's argumentative.

Dealing with a co-parent who doesn't want to cooperate can be a big challenge. You may find that you're getting frustrated with the situation. Consider these tips to help you deal with the stress that your ex is trying to cause.

Focus on the children

One of the best ways that you can reduce the stress in these situations is to focus on the children. Do what's best for them. This might mean letting smaller issues go so that you don't have to deal with your ex over them. Instead of battling over inconsequential matters, save your energy for things that affect the kids' health or safety.

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 Posted on July 19, 2021 in Divorce

Divorce in Northern Virginia and elsewhere across the state is typically anything but a casual affair. Indeed, marital dissolution for most couples routinely throws up concerns that are both material and multiple.

Like issues surrounding child custody, for example, including visitation and parenting plans. Like property division negotiations and outcomes, which can be markedly complex and contested. Like spousal maintenance (alimony).

Those are all obviously top-tier focal points for discussion and resolution in any given divorce. But as important as they are, they are sometimes trumped in importance by one distinct and often overriding dissolution concern.

Namely, that is child support.

It is certainly not hard to see why that topic commands a preeminent parental focus in legions of decouplings, is it? Children are precious cargo, and their best interests flatly outpace other divorce concerns. Most parents clearly see that, even if they are at extreme odds and contesting virtually every element en route to an ultimate divorce decree.

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 Posted on July 08, 2021 in Child Custody

Raising a child is hard enough as a single parent, but finding out that your child is being manipulated to hate you makes your life so much more difficult. Not only do you have to mitigate the damage that is being done to your child's psyche, but you also have to try to handle the negative interactions they're having with the other parent.

In situations where a child is being turned against a parent, the child may be a victim of parental alienation. Parental alienation tactics may attempt to break down communication between the target parent and child or manipulate the child into ignoring or refusing to see the parent. They may be manipulated into fearing the other parent or acting out against them.

Dealing with parental alienation? Help is available

It's important to know that help is available when parental alienation seems to be taking place. Initially, you may want to discuss your child's behavior with the other parent, especially if they have mentioned that the other parent expects them to do or say certain things to you.

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 Posted on June 23, 2021 in Family Law

A wedding ring/engagement ring is a gift signifying your marriage and your love for one another. You gave your spouse a ring when you decided to get married.

Now, though, your spouse has asked for a divorce. Does that mean they have to give the ring back?

Your spouse likely gets to keep it

You can certainly ask for the ring back. If your spouse wants to return it — even knowing that it cost thousands or tens of thousands of dollars — they can choose to do so. But, legally speaking, they probably do not have to return the ring (no matter how much it cost).

For one thing, the ring was a gift, and an engagement ring is a gift given to someone before marriage. That makes it their separate property. You bought it, but your spouse brought it to the marriage. It was their property before the marriage and does not have to go back to you in a divorce.

Additionally, even if you say that you only gave it to them because they promised to marry you, they already fulfilled that end of the deal. They did marry you. Getting divorced ends that marriage, but that does not mean it never happened. The rights to the ring do not go back to you just because the marriage is ending.

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 Posted on June 10, 2021 in Child Custody

If you are divorcing a spouse with a drug or alcohol addiction, there are some specific issues you must sort out regarding the custody of your minor children. While these matters can get quite complicated, it is imperative that both the addicted parent and their sober counterpart work together for the best interests of their kids.

Below are some things to keep in mind when setting custody terms with a co-parent with a substance abuse problem.

The courts prefer two-parent custody arrangements

All things being equal, family law courts all over the country find that it is in children's best interests to share time with both parents as much as is possible. However, when a co-parent is an alcoholic or a drug addict, that can be a barrier to co-parenting. In all cases, the safety and well-being of the children is the primary focus. Courts can rule that addicted parents who are not currently in recovery and actively working to stay sober are not fit to spend time alone with their children.

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 Posted on May 28, 2021 in Child Custody

Joint custody and co-parenting is usually the preferred solution in modern divorces. It gives both parents time with the children and provides the kids with the broadest social support network possible. Unfortunately, a parent asking for joint custody may not do so with the best interests of the children in mind.

After the divorce, a parent might quickly stop showing up or begin to sporadically cancel their parenting time, often at the last minute. These cancellations are difficult for you because you then must maintain constant responsibility for the children. It can also be hard on the kids, who will likely feel rejected.

How do you tell them about yet another canceled visit?

It is important to keep a positive attitude and try not to point fingers. You probably feel angry or disappointed when you learn that your ex won't be there to get the kids. You need to suppress your own feelings and focus on the children when you tell them about the change in plans.

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 Posted on May 18, 2021 in Family Law

Prior to the wedding, many couples decide to draft a prenuptial agreement to better clarify the assets and debts that each party is individually bringing into the marriage. The document is designed to be used as a tool to prevent future disagreements. Unfortunately, while this marital contract is supposed to focus solely on financial matters, many couples attempt to over-reach the intended focus of a prenuptial agreement.

One common trend is for couples to include factors that can be listed under a category header such as "lifestyle." These various lifestyle choices can include:

• Chores: Whether it is an attempt at humor or they are creating a realistic schedule, such as dishes, laundry, cooking, shopping or cleaning.
• Weight loss/weight gain: It is not uncommon for bodies to change as we get older. A marriage that lasts years or decades will likely see each party change. Attempting to include limits on weight loss or weight gain in a pre-marital contract goes beyond the intended scope of the agreement.

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 Posted on May 14, 2021 in Child Custody

If you've started to dread those times during the week when you and your co-parent drop off or pick up your child at each other's home or elsewhere, you're not alone. These custody exchanges can be fraught with tension and even conflict -- particularly in the early days of separation or divorce.

The problem is often that one or both parents use this time to deal with other issues. It can be anything from a late child support payment to a photo on Instagram - and everything in-between.

If you're dreading these exchanges, chances are that your child is as well. That's why it's important to make these exchanges solely about your child, and specifically about immediate "need-to-know" matters. Settle other issues at another time, out of earshot of your child.

The "two-minute exchange"

If you and your co-parent still aren't at a place in your relationship where you can even exchange basic information about your child without someone being offended or getting angry, one family therapist recommends what she calls the "two-minute exchange." She points out that, with a little planning, an efficient custody exchange can be done in this period.

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