Posted on July 02, 2020 in Divorce

Asset and debt division can be a source of heated debates and bitter disputes. Many spouses will go so far as to hide assets or shroud them in secrecy to prevent this property from being identified, valued and divided in a divorce. Is it possible to uncover these hidden assets?

The approach is generally two-pronged – either you are working to uncover hidden assets, or you are eliminating the possibility that hidden assets exist. Individuals will likely attempt to hide assets in one of four ways:

• Denying the asset exists
• Transferring the asset to a third party
• Claiming the asset was lost
• Creating false debt

Your divorce lawyer will use numerous means to uncover these assets. Depending on the complexity of your finances, they might employ the use of data mining experts and private investigators. A common source of information and good investigatory step includes revisiting past tax returns.

Continue Reading ››

 Posted on June 29, 2020 in Divorce

In recent years, so-called “grey divorce” has become a topic of discussion as divorces among people over age 50 have risen. Whereas in the past it was almost taboo to contemplate or discuss leaving a marriage at this life milestone, people today are more open-minded about the possibility of starting over at an older age. In fact, while overall divorce rates are on the decline, divorces later in life are approaching a rate of roughly 50%.

A cultural shift

There are several factors lending to the rise in grey divorce. A prominent one is the independence and autonomy women have gained over the past several decades. Women began heading to the workplace, establishing earnings of their own and redefining what a “breadwinner” looks like.  People have also redefined what marriage itself looks like. Nowadays, it’s not uncommon to expect a spouse to be more than a practical partner.

Continue Reading ››

 Posted on June 16, 2020 in Wills

There’s a common misconception that estate planning is strictly for the rich and famous. However, when someone dies intestate, or without a legal will, their estate will enter probate, a court proceeding that determines the rightful heirs to the estate and how it should be distributed.

But wills are about more than distributing your wealth and assets. Regardless of how much or how little money you have, a will legally enforces your final wishes and end-of-life plans. If you have minor children, a will also allows you to choose their legal guardian if you pass on before they are of legal age.

Without a valid will, the court makes all the critical decisions on your behalf – which may not align with how you want your affairs handled after you’re gone. Unfortunately, this can also inadvertently subject your family and loved ones to contention and strife battling for what they believe they deserve.

Continue Reading ››

 Posted on June 15, 2020 in Child Custody

If you’ve ever wondered if there is some kind of tool to help with all the planning and organization co-parenting requires, then you’ll be glad to hear that all you need is a cell phone. Whether you are hoping to improve your communication with your co-parent or be more attentive to your child’s needs, there is most likely an app you can download and use.

There is no perfect approach to co-parenting. But raising your children with your ex after divorce does take a mix of strong communication and collaboration. Just as you use social media apps to keep in touch with friends or a banking app to track personal finances, there are many co-parenting apps that can make life easier.

Peaceful communication

There are plenty of catch-all options when it comes to co-parenting apps. For example, coParenter has messaging, scheduling, expense tracking and document organization features. It also helps users make and manage everyday parenting decisions, like setting a new bedtime or choosing a different salon for your child.

Continue Reading ››

 Posted on June 12, 2020 in Divorce

Among all the prep work that goes into a divorce trial, getting as many details about the other party is an important step for attorneys. And an easy place to do this is through public social media posts and private direct messages.

In fact, over 80% of attorneys across the country uncover evidence through social media posts. Social media may help you stay connected with friends and family or give you a break from the real world, but it could be useful to lay low on social sites until your divorce is final. This is because even though social media posts aren’t a full scope of you and your character, they can still affect financial and custody-related aspects of your settlement.

Custody and alimony

Many people use Facebook or Instagram as an extension of their real lives and usually there isn’t any harm in that. This often includes snapping pictures of recent purchases and indulgences, like snaps of you driving a new car off the lot or treating yourself to a meal at a top tier restaurant. Although, you will have to list your assets before your court date, flaunting expensive purchases on social media might warrant a deeper dive into your financial situation. In turn, this could affect how much custody or spousal support you hope to receive.

Continue Reading ››

 Posted on June 10, 2020 in Divorce

Even as the economy reopens, the American public has yet to feel the full impact of the coronavirus pandemic. The global event has already affected many laws and healthcare providers, as the system responds to the emergency. Domestically, spouses face challenges to their marriage, as quarantine measures keep partners in sometimes uncomfortable proximity.

In response to these new relationship challenges, marriage counselors and divorce lawyers are receiving a flood of new business.

Divorce rates are on the rise

Erin Wiley is the director of a counseling center in Ohio where their phone has been ringing off the hook. Wiley claims that the center’s dedicated couples’ counselors have had to wait-list clients looking for help. Wiley says the number of requests is encouraging — it means couples want to work on their relationship and address the issues that make something like quarantine so challenging.

Continue Reading ››

 Posted on June 09, 2020 in Divorce

When people think of divorce, most people think of arguments, courtrooms and bitter conflicts over the custody of children. These days, however, few divorces end up that bad — using mediation for divorce has been a growing trend for two decades.

Mediation is not appropriate for every couple. Spouses in an abusive relationship should use traditional divorce litigation to ensure the safety of their family. However, for the couples out there who can stand to be in the same room, mediation might help you draft a better divorce resolution.

Mediation offers couples many benefits

Couples come to mediation either by choice or through a judge’s decree. Either way, using mediation instead of litigation offers divorcing couples several unique benefits:

• Confidential negotiations: The law dictates that all civil cases are entered into public record by the court stenographer. Anything said by either spouse could come back in future disputes. With mediation, the unfortunate things said during divorce negotiations are kept confidential, forever.

Continue Reading ››

 Posted on May 29, 2020 in Child Custody

It is not always easy for parents to decide how to divide up the custodial responsibilities of caring for a child after a divorce. When parents decide to end their relationship, they may choose to no longer be attached to their legal spouse, but they must remain responsible for their child’s needs. Between them, two parents must provide a child with basic needs like food and shelter, as well as the intangible support and care they require to thrive.

In Virginia, child custody is divided up into two main areas of focus: physical custody and legal custody. Parents can share these forms of custody or custody may be given exclusively to one of the child’s parents. A parent who has physical custody may have their child live in their home with them, while a parent with legal custody may make important decisions about their child’s well-being.

When a court must decide how custody will be split between two parents, it evaluates how to best serve the child’s best interests. Different children have different needs and therefore individuals should not rely on the outcomes of other cases to predict what will happen in theirs. This post does not provide legal assistance and readers may speak with their own attorney for guidance.

Continue Reading ››

 Posted on May 29, 2020 in Family Law

Before getting married, some couples choose to enter into prenuptial agreements in order to formalize certain legal matters about their property rights. A prenuptial agreement can help a Virginia couple work out how they may handle certain decisions in the event they later divorce. To this end, properly prenuptial agreements can save individuals time and money if they end their marriages.

However, not all prenuptial agreements are valid and therefore they may not all have influence over the outcomes of the divorce to which they attach. For example, a couple cannot enter into a verbal prenuptial agreement. If one party alleges that their prenup was spoken and agreed to, it may not be honored as prenuptial agreements must be written down.

Similarly, a written prenuptial agreement may be set aside if one of the parties did not enter into it under their own will. If a person was coerced or compelled into signing a prenup, or if they were not given an opportunity to read the agreement before signing it, the prenuptial agreement may be invalidated.

Continue Reading ››

 Posted on May 29, 2020 in Wills

As parents in Virginia are raising their children, often times they are focused on the daily needs and activities of their children. They are also working in order to ensure they are able to meet their children’s needs. Most likely they are not thinking about what may happen if they were no longer here to care for them, but unfortunately that is a possibility. No one can control the future and many unexpected things can happen.

So, it is important for parents to consider who they may want to care for their children if they pass away before the children are adults. There are many factors that go into the decision such where people may live and whether their children would have to relocate. The people’s ability to care for their children given their circumstances and whether it would be too much of a burden. The people’s age and many other factors.

In addition to determining who a couple may want to be guardians of their children, people also need to execute the documents to state their wishes. People can accomplish this through a will and the people who would care for their children are known as testamentary guardians. The guardian would only assume custody of the child if both parents have passed away though. It cannot be simply that the parents are divorced and one parent wants someone else to care for their children. In addition to appointing the guardian for the care of their children, people can also have a guardian for the estate of the children until they are adults.

Continue Reading ››