Posted on May 01, 2019 in Divorce

When a Virginia couple has children, it may make sense for one of the parents to leave his or her career and stay home with the children. In many situations, the mother is one who does this. Stay-at-home moms can provide necessary care for young kids, but these women may face significant financial difficulties in the event of a divorce. 

Moms who give up their careers to care for their children play an invaluable role in the home, but it can be difficult to put a monetary value on that. The division of marital property and spousal support for the nonearning spouse should offset the economic inequity brought about by divorce. Unfortunately, many stay-at-home moms find it difficult to get a fair settlement. 

Studies indicate that women who stayed at home or gave up careers have a difficult time even securing an equitable share of marital property. It is rare for a Virginia mother to get long-tern or permanent spousal support. Women who are facing divorce will find it beneficial to work carefully and diligently to secure a fair agreement that will allow them stability as they transition into post-divorce life.

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 Posted on April 15, 2019 in Divorce

Financial matters and what will happen to the children will be one of the most difficult issues Virginia parents will have to address in the process of ending their marriage. Divorce is not easy, and a person will need to consider all long-term implications before agreeing to the terms of a settlement. It is also beneficial to be aware of how child support works and what it means for both the payee and the recipient.

The court typically views child support as more important than spousal support. This means that if there is a future modification to a child support order, it will often impact alimony payments as well. The needs of the children take precedence. Child support payments have neither positive or negative tax consequences. Payments are not tax deductible for the payor, and the recipient does not have to pay taxes on it as income. 

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 Posted on April 02, 2019 in Wills

There are many steps a person can take to protect his or her interests for the future. One way people can do this is by drafting a strong and thoughtful estate plan. There are various websites and programs that allow people to do this online, but that is rarely a good choice. DIY wills are more likely to contain errors and issues that can lead to complications in the future. 

DIY options for drafting estate plans are attractive options for some in Virginia because they may be a more cost-efficient option. It may be a quicker and easier choice than sitting down with an attorney to draft a will, but these websites often don’t provide support or allow a user to ask questions. Finances and family lives are complex, and a DIY online estate planning service may not be able to account for unique circumstances.

A good estate plan allows a person to express his or her wishes regarding the estate assets and future health care he or she may need or want in the future. Through things such as a will or a power of attorney, a person can have confidence for the future. A DIY program may not provide the ability for a user to have the full amount of protection needed.

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 Posted on March 18, 2019 in Wills

Unmarried adults often believe they have no need for an estate plan, especially if they are young and healthy. In reality, drafting wills and having certain plans in place is a smart step, no matter a person’s marital status, income level or age. In Virginia and elsewhere, there are significant benefits to planning for the future, both for the individual and for his or her loved ones. 

One of the most important steps for a single person who does not currently have an estate plan is to draft a will. This allows a person to decide what will happen to his or her property and assets in case of death, and even plan for the care of a beloved pet. Another consideration for a single person’s estate plan is to draft documents for medical purposes and in case of incapacitation. This includes power of attorney and establishing a health care proxy.

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 Posted on March 06, 2019 in Child Custody

Co-parenting is all what you make of it. If you don’t want things to work out, you’ll always find a reason to argue with your ex-spouse. Conversely, if you’re devoted to providing your children with the best life possible, you’ll always find a way to make things work.

There are a variety of tips you can follow to help yourself and your children during this often stressful time. Here are five to consider:

• Think about everyone’s feelings: Don’t focus so much on your feelings that you overlook what’s best for your children. Just the same, spend some time thinking about your ex-spouse, as this person is in the same position as you.
• Keep an open mind with schedules: Yes, a schedule is extremely important when co-parenting, as it helps keep both parents on the same page. It also gives your children a clear idea of where they’ll be every day of the week. However, there are times when you have to adjust your schedule, such as if your children have an extracurricular activity or your ex is out of town.

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 Posted on March 04, 2019 in Divorce

The process of ending a marriage is not easy. Even when both parties decide this is the best step and resolve to work together amicably, there are complex issues at hand and strong emotions with any divorce. If a Virginia reader is facing the divorce process, one specific way to reduce complications is to gather all appropriate documentation and get organized before moving forward. 

The outcome of a divorce will impact a person for years to come, and it is beneficial to pursue terms that are reasonable and sustainable. This starts in the earliest stages in the divorce process, beginning with taking a thorough financial inventory of everything from marital property to retirement accounts to insurance policies. Organizing all pertinent paperwork and documentation will help a person access important information during the divorce process quickly and easily.

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 Posted on February 20, 2019 in Wills

Estate planning might seem as if it is making headlines more and more frequently. From when to consider creating wills to how to handle digital assets, information is everywhere. Despite this, some people in West Virginia still do not fully understand the importance of wills, powers of attorney and other essential estate planning documents.This is particularly true for a certain age group.

While most people might expect younger generations to struggle with the concept of a finite life and the need of estate protections, few might expect those over the age of 55 to deal with the same issues. Merrill Lynch and Age Wave recently conducted a study of 3,000 people over the age of 55 and discovered that many lack important estate planning protections. Despite a prevailing consensus that it is best to implement an estate plan before turning 50, only 55 percent of people in this age group have a will.

A will is a good place to start, but it might not be enough to fully protect individual interests. A living will can outline a person’s end-of-life wishes, ensuring that the individual is not subjected to medical care that he or she is not comfortable with. A durable power of attorney gives an individual the legal right to make decisions according to the living will. Having a will, living will and a durable power of attorney affords better protection than a will alone, and yet only 18 percent of people in the study reported that they had all three.

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 Posted on February 11, 2019 in Divorce

Many couples and singletons dream about getting married on Valentine’s Day. The holiday is known for its romance, so a Valentine’s wedding would make perfect sense.

However, the romantic spell of Valentine’s Day does not guarantee a marriage’s success. To the contrary, it could indicate a rocky time. A recent study suggests that couples who marry on Valentine’s Day are more likely to divorce than other spouses.

The reality of marrying on Valentine’s Day

The University of Melbourne tracked the progress of one million married couples over nine years. Researchers discovered a higher rate of divorce among spouses that married on a date that had a special significance, such as Valentine’s Day or other holidays.

According to the data:

• Eleven percent of Valentine’s marriages divorced by their fifth anniversary, compared to eight percent of other marriages

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 Posted on February 04, 2019 in Wills

Virginia readers know that drafting a will is an integral part of the estate planning process. This is the document by which a person outlines what he or she wants to happen to personal property and other matters after he or she passes away. However, there are significant limitations to what wills can accomplish, and each person would be wise to determine what other documents and protections they may need.

When thinking about estate planning, most people think about a will. This document can provide many protections, but there are certain things it cannot do. For example, a person cannot include any provisions of disability planning in his or her will. Wills only take affect when a person dies, but there are tools that allow him or her to make plans in case of an incapacitating illness or injury in the future.

Additionally, a will cannot provide protection in the event a person goes to a nursing home, nor can a will ensure that specific assets remain in the family for generations. There are specific types of trusts and other estate planning steps a person can take to accomplish these things. Having a will is smart, but it may not be all a person needs.

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 Posted on January 10, 2019 in Divorce

Divorce doesn’t always happen for dramatic reasons like infidelity, substance abuse or an endless cycle of arguments. While these things absolutely do happen, it’s important to remember that there can also be many smaller, often overlooked reasons that can contribute to divorce.

Are you wondering if one of those reasons could end your marriage? A few examples of more subtle indicators of divorce include:

1. You’re not invested in the relationship

Relationships take investment. You have to put in time, energy and emotion. They take work. It has to come from both people. If you or your spouse refuse to invest in the relationship, it can slowly fall apart, even if there is no big event that ends it all at once.

2. You don’t support each other when things get tough

Life isn’t always easy. People get sick. Loved ones pass away. People lose their jobs. When these events happen, one spouse needs to be there for the other. If your spouse does not “show up” for you, it’s going to have an impact. You may feel like you can’t trust them; it may actually lead to resentment.

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