Posted on March 05, 2020 in Divorce

Divorce is a big decision for everyone. There are so many things to consider: finances, retirement accounts, homeownership, other property and, of course, children (if there are any).

For military families, it’s even more complicated. Servicemembers are often away from their families for extended periods of time. Their duties might prevent them from participating in divorce or custody proceedings. And military benefits such as pensions add another layer of complexity.

Here are three key questions to consider when facing a military divorce:

1. What if one spouse is away on active duty?

Divorce and custody proceedings require participating at multiple levels: in court, mediation and meetings with an attorney, to name a few. When a servicemember is on active duty, it’s nearly impossible for them to devote that kind of time and attention to civil legal proceedings. A federal law called the Servicemembers Civil Relief Act (SCRA) grants military members in these situations the right to postpone legal proceedings.

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 Posted on February 28, 2020 in Wills

When it comes to estate planning, most people think of two foundational tools: wills and trusts. But a thorough estate plan covers much more than that. Like a jigsaw puzzle, it’s made of many separate elements that come together to support a single, big-picture strategy.

One of those elements is a living will. Also known as an advance medical directive, this document empowers you to make your wishes known regarding health care and end-of-life decisions. It comes into play in the event of a terminal condition or persistent vegetative state, whether due to an accident or illness. A doctor must first determine that you meet the criteria for one of those conditions before the living will goes into effect.

What kind of decisions can you make in a living will?

Through a living will, you can specify:

• Your wishes regarding artificial life-prolonging measures (life support)

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 Posted on February 25, 2020 in Divorce

Whether you may not feel the need to bring personal changes up with your coworkers or they are your main support system, dealing with your divorce at work requires unique considerations. It’s important to remember that you are in a professional setting, but you may need to give some information to your boss.

While no two work relationships are the same and every office has different levels of personal involvement, here are some tips to navigating your divorce in the workplace:

1. Tell your boss – It may be tempting to keep everything about your divorce private, but it’s important that your manager or boss knows that you’re going through a big life change. While you may believe you’ll stay productive and focused throughout your divorce, it’s a good idea to inform your boss just in case your work is affected.

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 Posted on October 28, 2019 in Child Custody

When Virginia parents make the decision to go through with a divorce, one of their main concerns is what will happen to their children. In order to provide them with security and stability well into the future, some may opt to co-parent. This is a type of child custody arrangement that gives the children time with both parents, and while there are many benefits to this option, it is not always easy for two parents to work well together after divorce.

Parents who have to work together for the sake of their kids will have to put their own emotions to the side in order to make their co-parenting arrangement be successful. One thing that can help is for both parents to remain respectful and involved. Kids will do better when they see their parents treat each other well. It can also help when two parents live close to each other, making the transition between homes easier.

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 Posted on October 16, 2019 in Divorce

Married couples typically commingle their assets, while also making joint purchases. From your family home to your vehicles, from your bank accounts to your retirement accounts, sharing is common.

This is all well and good while married, but it can lead to various complications if you decide to divorce.

The creation of a detailed property division checklist can help you better prepare for divorce. Here’s what you need to include:

• Real estate: Many assets fit into this category, including your family home, rental property, vacation property, undeveloped land and business real estate.
• Personal property: A potentially large category, this one includes assets such as china, artwork, furniture, electronics, motor vehicles, collectibles, jewelry, clothing and antiques.
• Financial assets: A category that gets a lot of attention because of its value, including assets such as bank accounts, retirement accounts, educational accounts, pensions, mutual funds, stock and bonds, cash, annuities, certificates of deposit, and life insurance policy cash values.

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 Posted on October 14, 2019 in Wills

When a person passes away, it is the responsibility of the loved ones left behind to decide what happens to that person’s estate, possessions and money. They also have to make decisions regarding the funeral. When a person has an estate plan, it typically outlines his or her wishes regarding these things. When there are no plans, it can cause significant complications. Wills, trusts and other planning tools can significantly benefit a Virginia family.

Dying without a will can leave a family in disarray. More often than not, family members will have disagreements regarding what should happen to the estate and how the funeral plans should work. Often, it is necessary for a family or beneficiaries to end up in court to settle the issue. There are plenty of examples of how failing to have an estate plan or not updating a plan can lead to trouble.

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 Posted on October 02, 2019 in Divorce

When deciding on floral arrangements and reception locations, soon-to-be married couples often forget to ask themselves a very important question — what if things do not work out? While it might strike some as a distinctly unromantic thought, it is an important consideration. As many as half of all marriages end in divorce, so wanting to protect personal interests is not just understandable, it is smart. This can usually be accomplished with a prenuptial agreement.

Creating a prenuptial agreement gives a couple in Virginia the opportunity to outline which property is separate. Separate property are assets that a person acquired before getting married. While this property usually remains separate even after marriage, there are times when its status may be called into question. For example, commingling assets — mixing separate property with marital property — can make it difficult to determine exactly what belongs to who during divorce. A prenuptial agreement clearly outlines which property is separate, making property division easier in the future.

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 Posted on September 15, 2019 in Divorce

The husband of one-time candidate for U.S. vice-president is seeking an end to his marriage. Virginia residents will know Sarah Palin as the 2008 Republican vice-presidential nominee. Her husband of 31 years, Todd Palin, is filing for divorce, allegedly because of incompatibility of temperament. They are both 55 years old.

The couple have four children and Todd Palin is asking for joint custody of the one child who is still a minor under the law. The couple have had to dodge media rumblings of trouble in their marriage for at least the last decade. For the last six months, Todd has not been on Sarah’s social media accounts, according to media reports.

The filing for divorced used the couple’s initials instead of first names, but the date of marriage matched up with the couple’s information. Todd Palin apparently filed a separate document asking the court to keep confidential the details of the divorce from his wife — who was a former Alaska governor. The divorce filing indicated that the two find it impossible to live together as husband and wife. 

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 Posted on September 05, 2019 in Child Custody

Virginia parents can petition a court to make changes to an existing court order regarding their children. The court always has children’s best interests at the forefront when making child custody, visitation or child support decisions. These decisions, however, are not cast in stone, and under certain circumstances, the court may determine that modifying a signed agreement is warranted. Britney Spears and her former partner, Kevin Federline, recently sought to modify their co-parenting plan.

Spears and Federline share two sons, ages 13 and 12. Under the new plan, the boys will split their time with their parents 70/30. Spears has the lesser amount but her visits will be unsupervised. The former couple have been living separate lives for approximately 12 years.

While the modified agreement has been formally approved by the court, Spears and Federline reportedly had been veering from an earlier agreed-upon plan with a 50/50 custody share. They then decided to file a petition for the 70/30 agreement in court after seeing how well it was working for all involved. Spears has made it no secret that she would like to have more time with her sons; however, Federline has not agreed to additional visitation time at this point.

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 Posted on August 20, 2019 in Divorce

It may not be something you’re looking forward to, but it’s a necessity to prepare your finances for divorce. With knowledge of your situation, it’s easier to make confident decisions that will work in your favor in the future.

Here are five steps you can take to prepare your finances for divorce:

• Gather all necessary financial records: These vary from person to person, but typically include bank account statements, retirement account statements, mortgage statements, tax returns and pay stubs.
• Make a list of your assets and debts: Knowledge of both your assets and debts is imperative as you move into discussions regarding property division. Also, make note of which assets are jointly owned and which ones are owned by either you or your ex.
• Open your own accounts: Once you close joint accounts, it’s time to open new ones for yourself. This can include bank accounts, retirement accounts and a credit card account, among others.

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