Joseph H. Beale, Attorney At Law, PLLC

 

Recent Blog Posts

4 things you need to revise after divorce

 Posted on February 26, 2021 in Divorce

The divorce process can quickly become an emotionally turbulent and confusing time. The couple must focus on dividing marital property and shared debt while also developing a parenting plan when children are involved. Splitting one household into two futures can be a tiring, demanding event. Unfortunately, there are tasks that must be completed even after you think the divorce is finalized.

  • Update your life insurance policy: While the divorce order might include certain provisions, you should ensure your life insurance policy reflects your current relationships. You can change your beneficiary or adjust the distribution percentage to match the judge’s order. In all likelihood, something will need to be revised.
  • Update your medical insurance: Whether the family used insurance provided by your company or you used insurance provided by your ex, you will need to update your situation. This could mean contacting your human resources department or navigating the online menu system. Regardless, you should act quickly before you forget about it.

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How to bring up estate planning with your parents

 Posted on February 16, 2021 in Wills

You may be worried that your parents have not done their estate planning, as you know how that’s going to impact you and your siblings. Maybe you’re worried about disputes that will make it hard to ever patch things up. That can be avoided if your parents create a comprehensive plan in advance.

At the same time, though, you’re not sure how to bring it up. It’s one of those subjects that can be hard to delve into. If you need help getting that conversation going, here are a few tips.

Exercise patience

First off, remember that you’re not going to mention estate planning at dinner and get to read your parents’ will a week later. This takes time. Be as patient as you can. Try to just bring it up casually, as something they may want to think about, and then give them time to do it.

Don’t do it alone

It may also help if you’re not the only one involved. Make it an open conversation for your entire family. Stress how important family is, how you all care about each other, and how the plan is important for preserving family unity.

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Post-divorce parenting takes extra effort

 Posted on February 02, 2021 in Divorce

You might worry about the effect breaking apart your family will have on your child. However, take reassurance in the fact that millions of other children are in a similar position. It is not so much your relationship’s legal status that matters, but how you are as parents.

How can you share parenting well?

Successfully raising a child after divorce depends on good communication between you and the other parent. It can be hard when your divorce is still fresh. Here are some ways that you can make co-parenting a success:

  • Put your child first: When both parents take a child-centric view, things become easier. It can be challenging to differentiate your personal wishes from what is right for your child. Spending time with both parents is usually in the child’s best interest.
  • Talk to each other: If you have problems talking to your spouse on the phone, consider messaging or email. Avoid using your child as a go-between.

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5 reasons why you should share physical custody of the kids with your ex

 Posted on January 20, 2021 in Child Custody

At the start of a divorce, many parents assume they need to fight for sole custody of their children. They abhor the very idea of shared custody.

Maybe you cannot bear the thought of being separated from your children. Perhaps you feel it shows how much you love them. Or that other people would think badly of you if you fail to fight. However, doing so may not be what is best for you or your child.

There are many advantages to sharing physical custody of the kids

Each parent’s different life experiences, skills, interests and parenting styles can contribute something unique to their child’s development. Here are some other advantages to sharing parenting:

  1. Children enjoy spending time with their parents: When a child has grown up with two parents, cutting them off from one is not beneficial.

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Financial stress and divorce

 Posted on January 07, 2021 in Divorce

Money woes have ended many relationships in Herndon and Fairfax County. A lost job, a house the couple cannot afford, steep credit card bills; these and similar financial problems can add up to divorce if the couple cannot find another solution.

Individual economic trouble may increase the chances of divorce in a particular marriage. But a bad national economy may have the opposite effect. A study from Bowling Green State University found that divorce filings are down significantly. Examining five states, researchers found that divorce rates dropped in four of the states in 2020, a year in which the U.S. experienced one of the worst recessions in its history. One of the study’s authors said there was a similar trend during the Great Recession of 2008-09.

What might be causing the divorce drop?

As much as financial difficulties can strain a marriage, divorce can make things even tougher. Getting divorced generally means finding a way to afford two households. And if a couple is having trouble making ends meet in one house, it probably would be even tougher for each spouse to afford their own home individually.

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Does watching TV lead to divorce?

 Posted on January 05, 2021 in Divorce

Divorce happens for a lot of reasons. Many, such as financial troubles and infidelity, are well known. However, it’s important to consider all possible reasons and not to assume that all divorce cases look the same. Today, let’s take a look at the link between TV and divorce, which is discussed far less often.

Are you happy?

The biggest thing to ask is whether or not your habits regarding the TV reflect your happiness in your marriage. If they do, that can be an issue.

For instance, some studies have linked unhappy couples with excessive TV viewing. Couples gravitate toward easy entertainment, like TV, when they’re trying to ignore the fact that they’re not happy together. Maybe they don’t like spending time together. If all they can do is binge-watch shows, that unhappiness could eventually lead to a split. It’s not the TV that causes the divorce, but it just exposes the true issue — unhappiness — that will finally end the marriage.

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3 reasons a trust could be perfect for your estate plan

 Posted on December 21, 2020 in Trusts

People typically make two big mistakes when it comes to estate planning. The first is that they put off the process indefinitely. The second big mistake that a lot of people make with their estate plan is to keep it as simple as possible.

Many times, people prioritize how quickly they can get in and out of an estate planning appointment rather than maximizing the protections they will get from that plan. While a trust might mean slightly more financial investment while estate planning and a slightly longer process as well, a trust can protect you and your loved ones.

There are dozens of great reasons to use a trust, but the following three are some of the most common.

Someone you love has special needs

If you have a child or other loved one with special needs, creating a trust for their inheritance can protect them in several ways. A special needs trust won’t prevent your loved one from qualifying for state aid. It can also prevent them from making mistakes with an inheritance that could have lifelong repercussions.

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6 tips for telling children about a divorce

 Posted on December 09, 2020 in Divorce

By the time that you tell your children about your upcoming divorce, you have known that it’s coming for a while. You’ve probably talked with your spouse about it extensively. You may have gone to counseling. It’s no surprise to you, to say the least. 

However, remember that their parents’ divorce will still come as a surprise to most children. You need to be very careful with how you break the news. 

Six ways you can make things go smoothly when you tell the kids

Your goal is to make this conversation go smoothly and leave your children feeling loved and secure, despite the changes that are upcoming in their life. Here are six things you can do to make that happen:

  1. Pick a time when you actually have the time to talk, then sit down and have a calm conversation for as long as needed.
  2. Allow your children the time they need to ask all of the questions that they want. Realize it may take more than one conversation.

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What expenses of children are paid in child support payments?

 Posted on September 11, 2020 in Family Law

Going through a divorce in Virginia can be a complicated process, but when parents of minor children go through a divorce there are added complications that they must resolve. This is because they have to make difficult decisions regarding who will make major decisions regarding their children and when each parent will have the children.

They also need to make decisions regarding how each parent will contribute towards the children’s financial needs, which is accomplished through child support orders. There are different aspects of child support orders though. There is the basic monthly child support obligation and also other costs which are included in child support orders which may occur less frequently than the basic expenses.

Basic child support

This part of the child support obligation is for the basics such as food, clothing and shelter. It is determined by the child support guidelines which uses the parents’ respective incomes, the number of minor children the parents have and the custody arrangement for the parents. However, this basic child support obligation can also include the amount a parent pays for the children’s health and dental insurance premiums each month.

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Advantages of revocable living trusts

 Posted on August 24, 2020 in Trusts

Many residents of Northern Virginia may have heard about revocable living trusts being a useful estate planning device.

Fairfax County residents may have questions about how exactly a revocable living trust works and what it advantages it offered in the estate planning process.

The mechanics of a revocable living trust

A trust is a separate entity, created through a legal document, in which a person, called the grantor, names another person or business, called the trustee, to manage her property.

Once the person creates the trust, he or she must also make sure to legally transfer any and all property he or she wants in the trust. This is because the trust is a separate legal entity and can only own property that is sold or given to it.

A revocable living trust is a type of trust where a person will name himself the trustee of his own property.

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