Posted on May 05, 2022 in Child Custody

Whether you’re in Ashburn or Oak Hill, you want to be sure you have the right support if you’re going through a divorce. This kind of situation can be stressful for anyone, but when you’re dealing with divorce and have a child with special needs, the stress may feel insurmountable.

Fortunately, there are steps you can take to make your divorce more straightforward and to avoid stressful arguments or conflicts over the care of your child.

Shared physical custody – A standard in Virginia

In Virginia, most courts would prefer to see two parents share custody of their child. Sometimes, when a child has significant needs, it can be hard to have physical custody split evenly. It may be physically difficult to transport your child, or they may not be medically stable and able to come and go freely.

In this circumstance, it’s reasonable to look into setting up one parent as the primary caregiver but to design custody in a way that allows the other parent access to the child in whichever home is their main home. For example, your child may live with you seven days a week, but your ex-spouse may come to your home and spend time with them several days a week for their parenting time.

Continue Reading ››

 Posted on April 28, 2022 in Trusts

Trusts aren’t only estate planning instruments for those with millions of dollars in property. They are also valuable for professionals planning ahead for their retirements throughout New Jersey. 

Many professionals in the Herdon area won’t have enough in savings should they need to fully cover nursing home costs in the later years of their lives. Medicare will not cover those expenses, making Medicaid the only insurance that will likely pay for the care many older adults require. 

Adding a trust to your estate plan long before you might need Medicaid benefits could help you later in life when you do need them.

A trust can help you qualify for Medicaid

It is not just your income level but also your assets that determine your eligibility for Medicaid. The more property you have in your own name, the less likely it is that you will get benefits when you apply. 

Continue Reading ››

 Posted on April 15, 2022 in Divorce

Couples in Ashburn and elsewhere in Virginia might prefer to be tight-lipped when it comes to announcing their divorce to family, friends and colleagues. If the split was unexpected or especially painful, both spouses would probably rather not say much about it. However, there are some people who need to be told, and it must be done in a way that feels comfortable for you. Of course, your children should be told first.

Take control of the situation instead of letting people randomly hear of your break-up through the office grapevine, social media or other channels. By telling people yourself, you can choose exactly how much you are willing to share, when and where.

How to break the divorce news

Keep your disclosure as unemotional as you can. Don’t accuse your partner of anything. Be compassionate and gentle because this may come as a jarring surprise to many. Those you inform about your divorce don’t need to know every detail. You can say this is a time of major transition for you and your family, and you truly appreciate their understanding and support.

Continue Reading ››

 Posted on April 01, 2022 in Divorce

 Whether you bought your home five years ago or 25 years ago, you probably remember exactly what you offered for it. After all, it was probably the biggest purchase you had ever made. Throughout your marriage, you and your spouse have committed thousands of dollars of your household income toward your mortgage, as well as property taxes and homeowners insurance.

Like many homeowners in Oak Hills and across Virginia, you may have invested tens of thousands more in updating the home, remodeling it and repairing it as age takes its toll on the critical systems. Although you may know what you paid for your house and roughly how much you have invested in it, you probably don’t know what your house is actually worth.

Real property values grow over time

If you have not refinanced or had your home appraised since you purchased it in the 90s, you may be in for quite a surprise when you look at what similar properties in your area are worth. Just comparing your home to others on the market can give you an idea of its rough value.

Continue Reading ››

 Posted on March 20, 2022 in Wills

People often associate legal matters with high costs and heavy time consumption. This has spurred many individuals to take matters into their own hands.

In terms of estate planning, this can be seen in the culture of online will templates. There are countless do-it-yourself (DIY) will documents out there. They often claim to make your life easier. But is this the truth? Can an online will really meet your estate planning needs?

Who is accountable?

If you read the small print, online will services will generally say that the onus falls on you to get it right. With thousands of templates available online, how do you select the one that will truly reflect your own unique circumstances?

If the will turns out to be unenforceable or is littered with errors, who is going to right that wrong or compensate your loved ones? If you opt to take estate planning on by yourself, then they could be left with a costly and complicated mess to deal with.

Continue Reading ››

 Posted on March 07, 2022 in Divorce

Discovering adultery can completely change your perception of your spouse. Someone who seemed hardworking and reliable may now seem completely untrustworthy. You may wonder if all of their late nights over the years were really time spent violating their wedding vows to you.

For many spouses hurt by the discovery of infidelity, divorce is the only possible solution. You likely feel hurt and would like to punish your ex for their violation of trust. Can the Virginia courts give you justice for your spouse’s affair when you divorce?

Will an extramarital affair even matter?

In many no-fault divorces, allegations of infidelity will have very little impact. While the courts can consider economic wrongdoing during property division proceedings, it is uncommon for adultery to have a major impact on property division proceedings.

You can divorce for cause if you can prove the adultery. If the courts grant you a fault-based divorce, the official record would show that your spouse is responsible for the end of your marriage. Virginia does still treat adultery as a misdemeanor offense, but the prosecution of adultery isn’t common. If you want to prove in court that your spouse was unfaithful, you will need concrete evidence of the affair, not just allegations, even if you catch them with literal lipstick on their collar.

Continue Reading ››

 Posted on March 04, 2022 in Trusts

You’ve most likely worked hard for all that you possess. As well as bringing joy to your own life and immediate family, much of what you worked for is probably intended to benefit your children and grandchildren. Parents are often motivated to ensure that their kids don’t have to struggle in the same way that they have.

The factors above make estate planning crucially important, yet so many still choose to put it off. Hesitancy over estate planning often stems from misinformation. It is important to counter estate planning misconceptions so that people can make informed decisions about their future. Outlined below are some of the more common estate planning myths that can get in the way.

Continue Reading ››

 Posted on February 19, 2022 in Divorce

Divorcing couples in Virginia will usually need to split their belongings. Some couples have an easy time with this process because they already set specific terms in a marital agreement. Other couples will find that property division is a challenge because neither spouse wants to make concessions.

When property division becomes contentious, you need to be proactive about protecting yourself. If you can prove that some of your assets are your separate property, you won’t have to split them with your spouse under the equitable distribution rules applied in Virginia divorces.

What is your separate property?

Your life doesn’t just start when you get married. You have years worth of assets already accrued at that point. Your retirement savings, personal property and even home equity from before your marriage may be your separate property.

Continue Reading ››

 Posted on February 07, 2022 in Child Custody

Divorce is never easy no matter the circumstances. Things become even more complicated when the divorce in question involves children. 

A parenting plan outlines how both parents will care and provide for the children after the divorce or separation. A good parenting plan should focus on the children’s best interests. 

Here are three key provisions you need to keep in mind when drafting a parenting plan:

Parental schedules and responsibilities

It is important that you clearly specify how the child will spend time with each parent. This must include visitation times and frequency as well as the drop-off and pick-up points.

It is equally crucial that the plan captures each parent’s duties and responsibilities towards the children. This includes the decision-making process as well. For instance, how will the parents make decisions regarding the child’s education and healthcare issues?

Continue Reading ››

 Posted on January 22, 2022 in Child Custody

You will have a lot on your mind if going through a divorce. If you are a parent, you have even more to worry about. Aside from sorting out your future, you need to figure out your children’s and cope with their usual demands.

As with most parenting issues, you learn some things through trial and error, but there is also lots of good advice out there. Here are two things to remember:

Your child is likely feeling scared

As adults, you retain control over your future. In effect, the divorce process is you and your spouse trying to get the future you want. Spare a thought for your kids. They might have had their future mapped out, at least partially. For instance, they knew that they could make the football team if they improved their speed. Or that they could spend weekends hanging out with their friends provided they got home on time and did not do anything to upset you.

Now what? If you move them to a new Reston school, they might have no idea how to make the team. As for weekends, until you sort out the custody schedule, they cannot be sure where they will be or if they will be free on weekends.

Continue Reading ››