Posted on May 25, 2021 in Child Custody

When parents of a child with special needs divorce, it’s an added complication to a situation that’s already got plenty of potential problems.

Normally, parenting plans and issues involving custody and visitation can be sorted out fairly easily, but any plans involving a child with special needs must be carefully evaluated with the child’s unique limitations in mind. Thinking ahead can help you come up with a better plan for the future.

Co-parenting a special needs child involves figuring in multiple logistics concerns

It’s not uncommon for one parent to be a child’s 24-hour caregiver when there are special needs. You must have a plan in place for who will care for your child when they’re in the other parent’s custody if a custodial exchange is going to work. 

Special needs children may also have certain routines in place, whether it’s going to the bathroom, doctor or eating. They may require the use of specific equipment to regularly carry out certain activities. You’ll need to ensure that whatever parenting plan you and your ex come up with will allow your child to maintain a consistent routine. 

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 Posted on May 11, 2021 in Divorce

Once you decide you want a divorce, you may wish to get it over and done with as soon as possible. However, that might not always be the best way.

Some couples head straight to litigation to try to prove that the other person is at fault for the breakup of the marriage. Emotions can get in the way when your split is fresh, making the process longer and more expensive. Another option is to only file for divorce once you have an agreement in place to cover things such as property division and child custody.

A separation agreement can have significant benefits

A separation agreement is a legal document where you outline the decisions you reach with your spouse. Once you have one, you can then file for a no-fault divorce which avoids the need to air your dirty linen in public as you argue about who did what or said what. It reduces the need for expensive court time and can help keep your divorce details private.

Finding a way to settle matters that both parties are happy with can take time. It is easier to do so when you have a little distance from each other. In Virginia, a no-fault divorce requires that you “have lived separate and apart without any cohabitation and without interruption for one year.” Having a separation agreement can reduce the time apart needed to six months, as long as you do not have children under 18.

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 Posted on April 27, 2021 in Divorce

The differences between Millennials and Baby Boomers include diverging tastes in music, movies and food, as well as dissimilar perspectives on politics, work and family. One of the starkest parting of the ways between the generations is found in divorce.

According to the Pew Research Center, divorce is on the decline among Millennials, but so-called “gray divorce” has risen rapidly among Baby Boomers. In fact, the divorce rate for those who are age 50 and above has more than doubled since 1990.

The surge in gray divorce is due to a wide array of factors, including:

Declining divorce stigma

The women’s movement launched by Baby Boomers in the 1960s reshaped gender roles. As a result, women today are more empowered and educated – a side effect of which is the dramatically reduced divorce stigma. It’s now easier for women to initiate divorce and to walk away from a marriage without being subjected to societal frowning.

Longer lives

Because life expectancy is higher than ever, Baby Boomers are more inclined to believe they still have time to learn what makes them happy – and still have time to recover financially from a divorce. That hopefulness about what can be accomplished in their remaining years is coupled with greater access to quality health care and a shift toward healthier lifestyles that incorporate better diets and regular exercise.

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 Posted on April 27, 2021 in Family Law

When a child’s paternity is called into question, the issue can become a massive part of a custody case, affect orders of support and more. Getting a definitive answer about that child’s paternity can truly become critical, which is why DNA tests are often used.

But can you trust a paternity test? If a test will determine your relationship with this child for the rest of your life, you need to know that it is accurate. 

DNA accuracy is as close as possible to 100%

No test is 100% accurate. This is why it’s best for parents to simply know who the father is initially and to be honest about it. That said, there are certainly cases where this is hard or impossible, so it’s very understandable that tests could be needed. 

The good news is that DNA tests are 99.9% accurate, which is as close to 100% accurate as they can get. Modern tests are fully trusted by scientists, doctors and legal professionals. If you have one taken, you can rely on those results. 

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 Posted on April 12, 2021 in Divorce

Divorce has changed a lot over the decades, moving from something uncommon and often difficult to obtain to something that happens to a significant percentage of married couples. People today enjoy far more freedom than they used to regarding relationships – including ending them on their schedule.

This also means that you don’t technically need a reason to get divorced. You can always obtain a no-fault divorce. You do not have to prove that your spouse did something to make the divorce feel warranted.

It’s still helpful to know what the reasons are

Even though you don’t need a reason, legally speaking, it can still be helpful to know why divorce tends to happen. This way, you can see it coming in advance and begin to get things in order. Some of the most common reasons for divorce include:

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 Posted on March 31, 2021 in Family Law

Various circumstances may result in a biological parent raising a child on their own. A father might have never established their paternity, leaving a biological mother to raise a child alone. A parent’s legal problems or passing may also have resulted in one of the biological parents not being in the picture. 

The situations mentioned above are just some of the many instances in which a stepparent may want to adopt their spouse’s children. Stepparents and stepchildren alike may benefit from going through with the adoption process. Here’s why:

Legal decisionmaking rights

One benefit associated with pursuing a stepparent adoption is that this process allows you to exercise the same legal rights that any biological parent would have over your stepchild’s life or future. You will be able to consent to their medical treatment, enroll them in school and make other important decisions on their behalf.

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 Posted on March 16, 2021 in Wills

Most people default to houses, cars, family keepsakes when asked what assets they should include in their wills. Few testators realize that they must account for their digital assets, as well, when drafting this legal document.

Addressing digital assets like online blogs, social media accounts, and photos stored on the cloud needs to happen if a testator wants a loved one to be able to lawfully gain access to these things. 

How changing times call for you to revisit your will

Many individuals have smartphones, email or social media accounts and online dropboxes where they store their cherished or sometimes-valuable digital assets. They likely assume that anyone with their login credentials or access to their device could lawfully access these if they wanted once they died. That’s often not the case.

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 Posted on March 02, 2021 in Divorce

The British prime minister Margaret Thatcher was famous for still cooking and ironing for her husband despite holding the country’s top job. She even cooked for her male colleagues when chairing political meetings. While attitudes about a woman’s role have moved on significantly since her time, a recent study suggests that things still have a long way to go.

A Swedish study found that when women got promoted, it doubled the chance they would divorce within three years. This did not happen when men got promoted. Researchers found that divorce was most likely to happen when the wife’s promotion upset the “traditional gender order” of the marriage.

Why does divorce rise when women get promoted?

Researchers found the divorce rate rose in the following circumstances:

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 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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 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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