Yes. Grandparents can seek custody when a parent is unfit, unable to provide safe care, or when extraordinary circumstances place their grandchild’s well-being at risk. If you’re considering seeking custody to ensure your grandchild’s safety, our Manassas, VA, child custody attorneys at Bristle Schulze can evaluate the facts of your...
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Northern Virginia Law Blog
Do Grandparents Have Visitation Rights in Virginia?
Yes. While Virginia law doesn’t grant automatic visitation or custody rights, and courts start with the presumption that parents act in their child’s best interests, it does allow grandparents to petition the court when a child’s well-being is at stake. At Bristle Schulze, our grandparents’ rights attorneys in Manassas, VA,...
What is the right court for your military divorce?
Determining the right court for a military divorce can be a complex issue. Couples may have multiple states to choose from, and exploring those options is one way for servicemembers and their spouses to protect their rights. Who has jurisdiction over your divorce? Military life often includes frequent relocations and...
What is a prenuptial agreement?
Virginia, like many states allows two individuals to enter into premarital agreements (normally called a “prenuptial agreement” or a “prenup”). In the event of divorce or separation, which of course we all pray, and hope doesn’t happen, these agreements can be completely determinative, so it is essential you know exactly...
Is my divorce uncontested?
“I think my divorce is uncontested but I’m not sure. What do you think?” This is a common question asked by individuals facing divorce. The answer is often straightforward, but let’s dive in a bit deeper. What makes divorces take “forever” isn’t whether the parties agree or disagree about getting...
What are some common visitation schedules?
During divorce, separation, or even unmarried couples breaking up, sometimes the most difficult decision is “what schedule should the children have?” Now this blog isn’t going to address what visitation schedule is “best” but rather hope to provide a few examples of schedules that the courts will often order, or...
What does it mean to be “separated” in Virginia?
As most individuals in Virginia who are contemplating divorce, you’ve probably done a bit of internet research and found out that in Virginia you have to be “legally separated” before you file for divorce; six months if you don’t have children and have a written separation or twelve months if...
Understanding spousal support in Virginia
In Virginia, spousal support, also known as alimony, is awarded based on 13 factors listed in Virginia Code Section 20-107.1. However, many of these factors blend into one another and the court tends to only look at a few key issues. Duration of the Marriage: There are a few rules...
How to co-parent during the holidays
Co-parenting during the holidays tends to be a challenge. That said, successfully working with your ex to create harmony will make everything easier for your little one. Even if this goal seems impossible, there is no need to fear. By applying a few time-tested strategies, this period can be nothing...
What to do when your ex-spouse refuses to follow custody orders
According to a 2022 report by the US Census Bureau, among 10.9 million one-parent family groups, 38% of fathers and 29% of mothers were previously married and are now divorced. This statistic translates into a large number of homes with child custody orders in place. When you get a divorce,...
Modifying child care if the other parent plans to move
If your child’s other parent intends to move out of Virginia, you may have questions and concerns about child custody arrangements. In some cases, custody modification can address the potential impact of the move on your child’s well-being. It is important to understand the process of modifying child custody when...
What are some common misconceptions about wills people have?
When it comes to wills, there are several common misconceptions that people often have. These wrong ideas can lead to confusion and potentially undesirable outcomes for your assets and family members. Debunking some of these myths is one method of crafting an ironclad will that can benefit your loved ones....
How can you avoid DUI?
Drunk driving poses a serious risk to not only the intoxicated driver but other motorists as well. It can also lead to significant legal trouble in the form of fines, jail time, license suspension and numerous other penalties. Because the stakes are so high, you must make responsible choices to ensure...
How joint custody arrangements are beneficial for children
When parents in Virginia decide to part ways, child custody issues may arise. Joint custody, where both parents share responsibilities for raising their children, is one option that prioritizes a child’s emotional and developmental needs. Joint custody may not be appropriate in all situations. However, many families who adopt this...
Avoid these mistakes if the police pull you over for a DUI
Getting pulled over by the police can be a stressful experience, particularly if they suspect you of driving under the influence. It is essential to remember that your actions and words during this encounter can significantly impact the outcome. If you find yourself in such a situation, there are certain...
Understanding alimony in a Virginia divorce
Navigating a divorce is never easy, and one of the many complexities you may encounter relates to alimony or spousal support. In Virginia, the courts can award alimony to either spouse to provide financial assistance during and after the divorce. However, it is important to understand that alimony is not...
Wills 101
About half of Americans do not have a will in place because they think it is too complicated. However, it is a critical part of protecting your loved ones’ interests. Here is everything you must know about drafting this part of your estate plan. Do you need help? The short...
Will you always need to pay alimony?
Alimony has its benefits for the spouse who stayed at home. However, if you are the paying party, continuing to financially support your ex might not be the most exciting thought. When you understand spousal support and how to manage your obligations, you can determine a good strategy going forward....
Managing the situation when your ex refuses to co-parent
Co-parenting after a separation or divorce is not always easy. It demands a great deal of patience, understanding and cooperation from both parties involved. Unfortunately, there are situations where one parent refuses to participate effectively in the process, making the task significantly more challenging. As a dedicated parent, you must...
Can sucking on a penny help you beat DUI charges?
As most Virginians know, the Old Dominion is not friendly to those who drive under the influence of alcohol. Indeed, according to the Virginia Department of Motor Vehicles, even a first-time conviction for a DUI offense results in a one-year suspension of a person’s driving privileges. You are also likely...
Why you may need to modify child custody arrangements
Child custody arrangements determine how parents share responsibilities and time with their children. In Virginia, courts approve these arrangements, keeping the best interests of the child at the forefront. However, circumstances often change, requiring modifications to these initial arrangements. Many reasons might necessitate a change in a child custody plan....
The forensic psychologist’s role in child custody disputes
Child custody disputes can be one of the most emotionally charged and difficult experiences for both parents and children. In these cases, it is essential to prioritize the best interests of the child above all else. This is where forensic psychologists come in. Forensic psychologists play a crucial role in...
How can technology improve your coparenting relationship?
Coparenting after a divorce is notoriously tricky. Most couples do not divorce on a positive note but still have to work together for their children. If you and your former spouse have difficulties with communication or seeing eye-to-eye, you may want to utilize technology. Technology, particularly coparenting apps for your...
Can I get in trouble for refusing a breath test?
If an officer arrests you for driving under the influence of alcohol, you will likely need to take a breath test. This test allows the officer to get a reading of the level of alcohol in your body. Virginia law explains it is illegal to refuse to take the test....
What are the six stages of divorce?
Marital separation and divorce produce many life changes, usually accompanied by some level of grief. Just as people go through stages of grief when encountering death, Virginia residents commonly experience six stages of grief as they navigate the divorce process. The divorce transition and grief process Divorce is all about...
Data on marriage and divorce in the U.S.
Whether your relationship with your spouse has fallen apart as a result of disagreements regarding finances or raising children, or your relationship cannot recover from an extramarital affair, it is vital to familiarize yourself with the ins and outs of divorce. From child custody to property division and other legal...
What determines the value of alimony payments?
Alimony, or spousal support, is a requirement in some divorce settlements. This payment might be something you will pay, or it could be something your ex must pay to you. The paying party generally has more work experience and a higher income, while the non-paying party likely spent most of...
What is the best interest of the child?
When making decisions about child custody matters, the court will always look at what is in the best interests of the child. This may not align with what you think is the right thing for your children. The law outlines what “best interests” means and how the court is to...
Diabetes symptoms can mimic drunk driving
DUIs carry heavy penalties in Virginia. If you find yourself pulled over or charged with a DUI, it can completely uproot your life. When an officer spots a vehicle swerving out of its lane or driving erratically, he or she may assume drunk driving is the cause. While driving during...
When will the court end spousal support obligations?
Ending spousal support before the original order states it should terminate depends on clear and convincing evidence of certain conditions. Virginia law outlines specific conditions under which a judge will end the spousal support obligation, but it is up to the person paying to provide proof of any allegations that...
To fight or not to fight your traffic ticket in Virginia
Understanding the likelihood of success can help you decide whether or not a Virginia traffic ticket is worth fighting. Here are some scenarios to consider that can help you fight the ticket with confidence – or simply pay it and move on with your life. Evaluate your clean driving record...
Is an ignition interlock device worth it?
An ignition interlock device could impact your life in positive ways if you use it correctly. Seeing it as an opportunity to retain your privileges rather than a nuisance could change your life. When you understand the ways it could benefit you, installing one might make more sense. Your commitment...
Tips to help your prepare your finances for divorce
Divorce is difficult for many reasons. Separating a married couple’s finances is often one of the most challenging aspects. People who fail to plan for their post-divorce finances often struggle. These tips can help. Beware of one-size-fits-all advice The divorce laws in Virginia are not the same as the divorce...
How can you create a successful parallel parenting plan?
Despite knowing that two parents are better than one for your children, it may be difficult to imagine working together with your ex following a divorce. High-conflict divorce makes it difficult for two people to make agreements and work together without fighting. While children need both parents in their life,...
Why a large number of people seek divorce
Over the years, the number of people in Virginia getting divorced has slowly but steadily increased. While there can be many reasons for this, some of the most common include the following. Wanting to end an unhappy marriage A marriage is supposed to be a relationship full of love, trust...
Is your parenting plan effective?
Charting a course forward for your children after divorce takes tremendous work. If your parenting plan is inadequate, you may find yourself in an even more difficult situation. The parenting plan sets out how you and your ex plan on co-parenting your children. While you may not think it needs...
Can you avoid a DUI stop?
When approaching an upcoming DUI stop, you may want to avoid it for one reason or another. But is it actually legal for you to do this? The good news is: yes, it is. Though you need to avoid it in the proper way, you can and should take steps...
How law enforcement determines driving impairment
How drunk is too drunk to drive? It is difficult to make this determination on your own because alcohol affects your judgment. It can be difficult for authorities to assess your impairment as well. They use assessments that have gone through testing for accuracy, but there is a margin for...
Should you look for hidden assets?
When going into a divorce situation, many different aspects will cause additional levels of stress. However, most people find asset division as one of the hardest technical parts of divorce. During this process, it is possible for a spouse to attempt to hide assets for various reasons. What should a...
How does a DUI impact your schooling?
Getting a DUI conviction on record at any age can do a lot of potential damage not only to a person’s current life but also to their future. For example, a DUI conviction could potentially upset a person’s chances of getting into the college of their dreams. In fact, it...
What happens to your engagement ring when you divorce?
Even though you are ready to end your marriage and move on with your life, you have taken a liking to your engagement ring. After all, not only does the ring remind you of more joyful times, but it is also beautiful. Moreover, depending on its makeup and history, your...
Can you turn your car to avoid a DUI checkpoint?
Driving under the influence of alcohol is a serious offense in the commonwealth. According to the Department of Motor Vehicles, a DUI conviction may cause you to lose your driving privileges, pay a steep fine and maybe even go to jail. Consequently, if you have a blood alcohol concentration over...
The fate of your medical practice in Virginia divorce
A divorce can affect almost all areas of your life, including your profession. If you have a medical practice, chances are, the court may need to value it and give part of it to your spouse, following Virginia family laws. How Virginia divorce laws may apply to your medical practice...
Consider how implied consent works with marijuana driving charges
Despite Virginia’s recent legalization of marijuana, there are still limits to what you may do with it. For example, possession between one and four ounces still results in a civil violation and a $25 fine. While Virginia law allows you to gift up to one ounce to a friend, it...
When should you create an irrevocable trust?
If you want to take extra steps to ensure your family will receive their inheritance, you might consider creating an irrevocable trust. This is a trust that holds money or property for another person. Since the trust owns the assets, it can protect them against lawsuits and creditor claims. The...
Different child support payment methods in Virginia
If you recently ended your marriage and you owe child support, it is important to do everything you can to stay current. Parents who fail to pay support in full can face harsh consequences, such as the loss of their driving privileges, financial penalties and even contempt of court charges....
Can you rebuild your finances after divorce?
Getting a divorce might completely change the way you manage your finances. Depending on your situation, you might lose income while simultaneously taking over new financial responsibilities. Contrary to what some may say, rebuilding your finances after a divorce is possible. A combination of strategy, consistent effort and optimism could...
Top 3 DUI mistakes that officers make
It can be difficult to know what to do when you are pulled over on suspicion of a DUI in Virginia. However, it’s important to know that when it comes to DUI cases, the police officers who are responsible for arresting and charging individuals with drunk driving often make mistakes....
Important aspects of a co-parenting plan
Even though a parenting plan can be a useful tool for divorced families, a solid plan won’t anticipate every future disagreement. However, the parenting plan can provide guidelines for resolving conflicts and helping children adjust to a new routine. If you’re a Virginia resident, here are some important things you...
Should you hire a private investigator for your custody case?
Parents in Virginia who are no longer together might have a contentious child custody battle. There are certain situations where it might be in your best interest to hire a private investigator ahead of your custody case. Why should you consider a private investigator? Your upcoming child custody battle might...
Differences between inheritance tax and estate tax
Are you getting ready to plan your estate in Virginia? There are a whole host of details that you need to absorb. You want to make sure that you leave a viable estate for your family members to inherit. To do so, you need to know about issues such as...
4 of the most important estate planning documents in Virginia
Estate planning is an important process that everyone in Virginia should go through. It ensures you and your assets are taken care of in the way you want before and after you die. There are several different documents that can be part of an estate plan, but some are more...
Forms of help for your financial planning
Financial planning entails a series of processes to protect your personal and business finances in Virginia. It’s important to make the most of your financial planning by using the resources available to you. Budgeting As the prices of everyday products increase, budgeting is recommended to ensure that you can pay...
Reasons people need to modify custody agreements
Sometimes custody arrangements need modification. According to Virginia law, child custody must reflect the child’s best interests. When circumstances change, your child’s interests may need reconsideration. If you worry about your child custody agreement, this article will explain why you might want to modify it. The court can change the...
Revocable living trusts and what you should know
A trust is a great instrument to help keep your Virginia estate strong and protected. In a trust, you have a legal agreement that keeps your assets from creditors, the IRS and false heirs. However, giving your possessions to the beneficiaries you choose is more complicated than it might seem....
What certifications are needed for estate planning?
Planning an estate in Virginia can be a complex and tricky affair depending on the estate involved. This is the kind of task for which a number of industry certifications are helpful. You may want to work with a professional who possesses them so that your plan can be implemented....
Creating a plan for your assets
Estate planning will give you control over your assets while providing you and your loved ones with security and privacy. No matter your age or level of wealth, a developed plan for how your assets will be handled can give you peace of mind. When your affairs are in order,...
Preventing a will contest
If you live in Virginia and you are preparing a will, you may be concerned about someone contesting it, resulting in your wishes not being carried out. There are a few things you can do to help prevent this. Communication and planning ahead The first step is to be as...
Things you can do to help your family after your death
Providing for your family is a priority, even when thinking about what life might look like after you pass. Having a thorough estate plan in place may do more for your family than you realize, though. While a will is an excellent start to planning, it does not accomplish everything...
The benefits of DUI classes
In some cases, a person responsible for a drunk driving accident must take DUI classes. If you live in Virginia, here are some of the benefits of attending these classes. Why do people take DUI classes? It’s important to know how DUI classes work, the cost of the classes, online...
What are the pros and cons of sole physical custody?
Divorced Virginia parents must create child custody plans. One option is sole physical custody, but it’s important to know the pros and cons that go with it. What is sole physical custody? This type of child custody arrangement involves the child living with one parent, the primary custodial parent, over...
How can a criminal record impact your child custody?
Many Virginia residents who have criminal records are parents. Those who are parents of young children might wonder if their criminal record can affect child custody proceedings. What factors can impact child custody when a parent has a criminal record? Every situation is different, which means that when child custody...
How the court calculates spousal support
Virginia courts determine the proper monetary amounts for spousal support, or alimony as it’s called in other states. There are specific guidelines and criteria that the courts use to make assessments. Factors the court considers Each divorce and alimony decree is unique. The judge will account for a range of...
What not to do in estate planning
Estate planning and wills in Virginia give you the means of transferring your estate without conflict. The proper administration of assets is a real challenge that an estate owner is left with after their death. As simple as it might initially seem, your belongings don’t exactly fall to your closest...
When should you review your will for changes?
After creating your will, you should review it periodically to make sure it still aligns with your wishes. You can update your will as needed to match changing family and personal circumstances. In general, consider reviewing or updating your will after these common life events. Loss of a beneficiary If...
Mistakes fiduciaries make when acting as executor or trustee
It’s important for Virginia residents to update their estate plans regularly in order to make it as easy as possible for their loved ones and the people handling their estate. Fiduciaries act in the best interest of the beneficiaries in the form of either an executor or trustee. Executors are...
Choosing the best executor
When it comes to planning your estate and writing your will in Virginia, one of the key choices to make is who should be your executor. The executor is in charge of carrying out all of the directions and rules in the will, so it is an important role. What...
What comprises a thorough estate plan?
Estate planning often requires deliberate and careful thought. Otherwise, the estate planner might miss something and create problems for their heirs. Without the necessary legal documents, representatives may have difficulty dealing with probate or other estate matters. The good news is that putting together a complete estate plan with documents...
How your past DUI could impact a child custody case
There are many people in Virginia who have successfully overcome alcohol addictions. If you have a past history of alcohol abuse, you know that what’s in your past record doesn’t necessarily reflect the person you are today. While going through a child custody dispute, though, that DUI on your record...
The risk of prepaying traffic tickets when you are on probation
In Virginia, officers regularly set up speed traps to catch drivers who are traveling faster than posted speed limits. Likewise, they monitor motorists for other traffic violations, such as distracted driving or running red lights. If you receive a traffic ticket, you may worry about your insurance rates skyrocketing. Still,...
How a divorce can affect your estate plan
Virginia residents who are going through a divorce should not overlook how their property settlements might affect their estate plans. Careful drafting of property settlement agreements involving life insurance is important to avoid potential problems. Life insurance in property settlement agreements Many property settlement agreements in divorce cases include provisions...
What do courts consider when awarding custody?
Family courts in Virginia want to ensure that a child stays in a safe and healthy home after the parents divorce or separate. Child custody and visitation hearings will review many aspects of the parents’ home lives and financial situations before making any determinations. Parents should take steps to familiarize...
Do living accommodations affect child custody orders?
Filing for divorce is a major life decision, especially when there are children involved. If you are preparing to dissolve your marriage in the state of Virginia, it is important to understand how living accommodations may affect the child custody order. The more familiar you are about custody orders, the...
Do beneficiary designations override a will?
There are numerous parts of Virginia estate plans, and one of them is account designations. These exist separately from the will because these accounts do not need to be dealt with in that document. The only way that these are dealt with in the will process is if someone does...
How do courts in Virginia determine child support?
Parents who live separately from one another or have ended a marriage both share a responsibility to provide financial support for their children. Typically, the noncustodial parent will have an obligation to make child support payments. Virginia courts apply guidelines from statutory law about child support to calculate each parent’s...
Planning your estate in the digital age
Planning your estate normally focuses on assets like your home, bank accounts, insurance policies and belongings. However, there is another type of property that you need to address when planning your estate: your digital assets. In 2017, Virginia adopted the Uniform Access to Digital Assets Act that allows your executor,...
The best practices for winning your child custody case
Child custody disputes can bring out many feelings and emotions that Virginia parents may have trouble controlling. Maintaining your composure and sticking to the facts serve as one of the best ways to prevail in court. Understand that your case may come down to how the judge perceives you, and...
Traffic violations could impact one’s qualification for a CDL
Residents of Manassas and other parts of Virginia may want to learn more about how a traffic violation may affect their commercial driving license (CDL). The Virginia Department of Motor Vehicles has strict guidelines when it comes to traffic violations and commercial driving. According to the Virginia DMV, the classifications...
Handling virtual visitation sessions
If you and your ex-spouse are trying to make proper child custody and visitation arrangements while separated by distance, you may want to consider virtual visitation. This form of visitation allows the non-custodial parent to send emails, engage in video conferences and send instant messaging to children. Virtual visitation can...
Should we try nesting?
Just like not all divorces are the same, not all post-divorce custody situations work the same way either. Traditionally, in a joint custody situation, the parents set up separate households and the children move between the households according to the custody arrangement. However, having the children move so frequently does...
Why is it so important to have an estate plan?
Many people believe that only wealthy individuals need an estate plan. Others think a simple will template covers all the bases. However, a personalized estate plan is important for most people. These are the three key reasons to engage in the estate planning process even if you do not own...
Situations that warrant a will review
Many people understand the importance of having a will. However, some of them draw up the original will and then forget about it. As individuals get older, there are life changes, and some of them warrant a review of the original will and possibly require a change. If the writer...
What are the requirements for a legal will?
Putting your end-of-life wishes into a document is not enough to make it legally binding. You must make sure that you follow the law to create a legal will. According to the Virginia State Bar, there are multiple requirements to create a will that a court will rule valid. The...
The purpose of an ignition interlock device
After a DUI in Virginia, the future may look uncertain. Fortunately, resources such as an ignition interlock device provide offenders with options to retain their privileges. Understanding the value and benefit of an interlock device may encourage people to welcome its implementation with an open mind. People can deny the...
What are the smaller signs of parental alienation?
When parental alienation strikes, many parents falsely assume it will happen in a big way. This mistake can cost you everything. Often, by the time big signs show up, an alienating parent has already spent significant time working on their plan. So what can you do to help mitigate this...
Your divorce, spousal support and the Virginia alimony tax law
If you and your spouse are ending your marriage, you face either a contested or uncontested divorce. Either way, the subject of alimony may come into play. When deciding on an alimony award, the court will consider several factors. A recent change in the tax law will also affect both...
Should you keep the marital home in a gray divorce?
Splitting up with your spouse at an older age can pose particular challenges when it comes to dividing your assets. If you are closer to retirement, you know you have fewer working years left than if you divorced while young, so questions like what to do with the marital home...
Can I sue a teacher who disciplined my child?
As schools in Virginia have faced so many changes in recent years, it is becoming quite common to see conflicts between faculty and staff and parents and children. Typically, parties can negotiate a resolution after a disagreement, but if you are at odds with your child’s school and believe that...
Back child support and your passport
If you fall behind on child support, there are various repercussions to recognize. Aside from wage garnishment and even the threat of imprisonment, other challenges arise for some parents, such as problems involving their passport. Whether you need to travel for business purposes or you want to visit another country for sightseeing,...
Unexpected results of divorce
Divorce may seem like the worst thing to happen in your life, and it is perfectly normal to feel that way. However, it can also bring about some really positive things. Women’s Health explains that many people will experience unexpected results from a divorce that have a good impact on their...
Why did my license points go up?
Acquiring too many license points from traffic tickets will lead to undesirable outcomes like the suspension of your driver’s license and an increase in your car insurance rates. Obeying the state traffic laws helps keep your driving record free of points. Still, one day you might find that your record...
Dealing with custody during the holidays
With the holiday season upon us, you likely look forward to added time away from work to spend with your family. Yet getting the most out of that time can be difficult if you share custody of your kids with your ex-spouse. Coming up with a holiday visitation schedule that...
A new job offer may mean modifying a child custody agreement
The dream job you had your eye on is now yours, but it means relocating from Arlington to Norfolk, VA. Your 10-year-old son will go with you and the current child custody agreement will require modification. Will the court approve? Considerations from the court Judges are aware that changes such...
Awarded damages as separate and marital property in divorce
Virginia approaches divorce with an eye for equitable distribution, but the process for determining what is marital property can be an interesting puzzle — especially when factors such as workers’ compensation or other damages come into play. It might seem strange to consider workers’ compensation an asset, but it stands...
How do you tell your child about divorce?
Virginia parents like you want to make the upcoming divorce as easy as possible on your kids. Of course, this starts at the basics: how you first tell them divorce is in the future. To ensure your child experiences this news in the least harmful way, you can employ knowledge...
What are the DUI penalties in Virginia?
Virginia drivers must consent to a blood or breath sobriety test if requested by a law enforcement officer. The state mandates charges of driving under the influence for blood alcohol content of 0.08 or higher. If you face a court date for DUI in Virginia, learn about the possible penalties for...
How long does a Virginia divorce take?
For most people, divorce is a lengthy process. However, how lengthy it will be for you will boil down to two main factors: Whether your divorce is contested or uncontested, and whether you and your spouse have children together. While there is no way to anticipate how long your divorce...
How is child support determined?
Getting divorced when you have children may leave you facing concerns about their well-being and your ability to provide for their needs without the support of a spouse. Depending on your situation, Virginia courts may rule in your favor to require your former spouse to provide financial support. If your...
Understand Virginia’s license points system
Many people may not realize that traffic violations can affect their lives for several years. Virginia uses a points system and people need to understand how this system works. Failing to observe the laws of the road can result in points on a person’s driver’s license. The Virginia Department of...
Cashing out 401(k) funds in a divorce
For many of those in Manassas going through a divorce, the process will inevitably bring them a good deal of relief from no longer having to deal with the tension associated with their marriages. At the same time, they may also face some uncertainty if they were not the primary...
How equitable distribution affects asset division
During a divorce, many people may imagine that they will divide their assets in half. However, people have to follow Virginia laws about asset division. In Virginia, courts use a system known as equitable distribution to divide a couple’s assets. According to FindLaw, equitable distribution means that a court divides...
What is nesting and is it right for our kids?
In the majority of cases, divorces end with a co-parenting arrangement. This means that both parents are actively involved in raising the children. Generally, this arrangement is most beneficial for kids because having both parents involved in their lives is positive, even if the parents are not married. However, moving...
How can I protect my teen driver from distracted driving?
According to the Centers for Disease Control and Prevention, 1,000 people are injured in distracted driving accidents on a daily basis. Of these people, nine lose their lives as a result of their injuries. While distracted driving impacts motorists of all ages, young drivers have the greatest risk. For example,...
What are the factors Virginia uses for child custody?
In any divorce when children are involved, child custody is likely one of the primary concerns divorcing parents have. As a result, it is beneficial for divorcing parents to be familiar with the child custody factors used to determine custody. Child custody is determined based on what is in the...
When problems at work interfere with a divorce
There are many different challenges people face in the workplace, from demanding projects to concerns about the future of one’s job and long-term stress or sleep loss. Unfortunately, these hardships often carry over into other facets of one’s life, such as their personal relationships, their health and so on. For...
No-fault divorce is available in NOVA, but not everywhere
Most of our civil laws have roots in the common law of the United Kingdom, which make sense given that the United States began as a group of British colonies. Of course, in the 230-plus years since the American Revolution ended, the laws of the U.S. and the U.K. have...
What happens if you’re arrested for a DUI in a commercial car?
Driving under the influence (DUI) is dangerous and it’s against Virginia law. Individuals who are charged with drunk driving face serious penalties if they’re convicted of such a crime. Individuals with commercial driver’s licenses (CDLs) are held to even higher standards. They can lose their jobs if they’re convicted of...
What to do if you’re pulled over for speeding
Speeding is a common violation of the law that can lead to quite a bit of trouble. In addition to a fine, it can also impact your insurance premium. And if you have a poor driving record, it could even result in a license suspension. Here are the steps you...
Avoid these mistakes when asking for a divorce
As you prepare to ask your spouse for a divorce, you’re likely to have concerns about how the conversation will unfold. Even if you do your best to prepare for everything, you may find yourself stuck and wondering what to say next. Here are three common mistakes that you want...
Common traffic violations to protect against
As a driver, you’re expected to obey the rules of the road at all times. Neglecting to do so can result in a traffic violation, while also increasing the risk of an accident. A thorough understanding of the most common traffic violations can help protect you against trouble: Speeding: Every...
Steps to help prepare your finances for divorce
You have concerns about the divorce process, with many of them tied to your current and future financial circumstances. Even though your finances are sure to change, there are steps you can take to prepare accordingly and ensure stability during this difficult time. Here are several things you can do...
Avoiding unintended consequences in gray divorce
Older Virginians who decide to divorce often have to contend with more complicated issues than younger couples. This is because older adults frequently have more complex finances than younger people who divorce. Older adults need to be cautious with how they handle property division, spousal support and estate planning during...
Consider these points about moving out of the area after divorce
Child custody arrangements are usually set up with the assumption that the parents live within a reasonable distance of each other. While this is the case for many people, there might be instances in which one parent needs to move out of the area. There likely isn’t going to be...
Tips for creating a workable co-parenting schedule
Parents in Virginia who are getting divorced may need to create a parenting plan that addresses how much time their children will spend with each parent. Many courts increasingly encourage parents to try to split their time 50/50 or as close to it as possible. Some parents may assume the...
Studies find women more likely to seek divorce than men
Too little help with housework, no career support and poor communication are among the reasons why women in Virginia may be more likely than men to initiate a divorce. The American Sociological Association found in a 2015 study that almost 70% of divorces were initiated by women. For many women,...
How to co-parent successfully after divorce
Once parents in Virginia have reached an agreement about child custody, they may still have many years of co-parenting ahead of them. They should make an effort to communicate effectively and encourage the child to build a relationship with the other parent. Communication does not mean they need to speak...
Old records and calendars can help in divorce negotiations
When people in Virginia decide to divorce, they may face a range of emotional, practical and financial effects and considerations. While dealing with property division can have long-term financial repercussions, many parents find reaching a solution to child custody questions one of the most emotionally draining parts of the divorce....
After end-of-year celebrations, increase in divorces
Virginia couples who are considering divorce in the new year might be surprised to learn that divorce filings increase during the first half of January each year. It is a trend that has already been studied because it seems to be happening consistently even as divorce rates in general have...
Dealing with the financial consequences of divorce
People in Virginia who are going through a divorce may want to consider working with a financial planner or a certified divorce financial analyst along with an attorney. These financial professionals may help in determining what a person’s assets are and how to budget for the divorce and its aftermath....
How women can face financial challenges after divorce
Women who have gone through a divorce in Virginia know that dealing with financial challenges can be overwhelming. While men can experience financial difficulties after a divorce, women are more likely to experience a decrease in income and live below the poverty line. As a woman contemplates divorce, it would...
Maintaining composure when dealing with a toxic co-parent
Virginia residents who have to co-parent with a difficult ex-spouse face significant challenges. A toxic ex-spouse may cause unnecessary problems via accusations, drama, bad-mouthing, and manipulation. It can be frustrating for the non-toxic ex-spouse because their primary desire is to parent their children in an acceptable way. Good parents understand...
A parenting agreement makes post-divorce life much easier
As you move through the divorce process, you’ll have constant worries about the impact of your split on your relationship with your children. It’s impossible to know what the future will bring, but there are steps you can take to ease your stress. A parenting agreement makes post-divorce life easier...
Some couples are saving money by getting a divorce
Many happily married Virginia couples would feel uncomfortable asking their spouse for a divorce in order to save some money. However, there are some who are considering a divorce on paper in order to save money, especially high-earning couples who want to avoid the so-called “marriage penalty.” This applies to...
Determining a home’s value in a divorce
Estranged Virginia spouses who are seeking a divorce may be interested in retaining their marital homes. In some cases, this is done by buying out the other spouse. There are many different factors that need to be considered when determining how much a buyout could be worth. For instance, it...
Marital problems that lead to divorce
While there is no way to look at a marriage and accurately predict whether or not the union will last, relationship experts, divorce attorneys and psychologists have combined their knowledge to make a list of potential bad habits that a couple may not be able to overcome. Virginia residents might...
What to do if you’re pulled over by a police officer
You’re driving down the road in Washington, D.C., when you see police lights in your mirror. You hope the officer is going after someone else, but you’re concerned that you may be the target. If you see flashing police lights, turn on your hazard lights and safely pull to the...
Research shows courts believe parental alienation exists
In child custody cases in Virginia, as in any other state, the top priority is what is best for the children. However, according to research from George Washington University, claims of child sexual abuse are rarely substantiated when the mother makes the claim against the father. The study found that...
Research finds emotional, psychological reasons for divorce
Virginia couples who are considering ending their marriages may be doing it because they are not emotionally fulfilled. According to a survey of 2,371 divorced people, psychological and emotional reasons may have replaced reasons such as addiction or violence as the main causes. The study, which appeared in the Journal...
Finding a way to become private in a social media world
In Virginia and across the United States, people thinking about divorce typically have active accounts on one or more social media websites. Although it is fine to maintain an account on Twitter or Facebook during and after divorce proceedings, people who want uncomplicated divorces should think twice about their online...
Financial planning may reduce co-parenting stress
The American Psychological Association has reported that between 40% and 50% of marriages nationwide end in divorce. It is among the most stressful events a person can experience, and it can bring with it financial concerns, especially for couples who have children. Co-parenting after a Virginia divorce becomes much easier...
Keeping separate accounts may not protect funds in divorce
According to a survey conducted by Bank of America, 28% of people in the millennial generation choose not to establish joint bank accounts with their spouses. Members of this generation in Virginia are more likely to keep their financial lives entirely separate than previous generations. Part of the reason may...
Divorce trends differ based on age
People in Virginia and across America are generally accepting of those who have gotten a divorce. However, the divorce rate has fallen from 4.7 per 1,000 American adults in 1990 to 2.9 per 1,000 in 2018. There are a variety of reasons as to why this is the case, and...
The downsides of a traffic violation not always readily apparent
Getting cited for a traffic violation is arguably akin to something like a bee sting for most people. That is, it’s irritating and even temporarily painful, but not deadly. Ergo, most motorists simply view that ticket in hand as an annoying inconvenience in life. They might wince at its cost,...
The truth about credit reports: What you need to know
There is a lot of misinformation out there regarding which activities adversely affect a consumer’s credit rating. For instance, some erroneously believe that checking their own credit reports will lower their score. While there are numerous actions (and inactions) which can lead to a lowered credit rating, auto-checking your credit...
3 ways to protect your finances in a divorce
No matter the specific circumstances surrounding your divorce, calling it quits will take a toll. Ending a marriage is not as easy as simply saying this is my stuff, this is your stuff and signing the divorce papers. You will have to make decisions regarding how to value your assets...
Can my auto loan company repossess my vehicle?
If you took out a loan to purchase your vehicle, your car is at risk of repossession if you default on the loan. Whether it’s a car you use for business or personal reasons, the creditor that loaned you the money to buy your car has various rights over your...
Tips to help you get through property division during divorce
Divorce is usually a difficult and drawn out process. For some people, it could take months to work out all the details. This is especially true when you own extensive assets and other property. For example, you may have a long argument ahead of you concerning who gets the dog...
Determine if you need a qualified domestic relations order
There’s no reason that most people will ever hear of a qualified domestic relations order (QDRO) unless they are getting a divorce and have a pension plan to split. So it can become an afterthought that needs to be addressed after the divorce has already been finalized. That can add...
A relocation plan must be in the child’s best interests
For government workers who have gotten divorced, relocation based on a career move is a real issue. These jobs often span the country and even the world. For some employees, that’s part of the allure of the job – traveling the world and having life experiences that would be impossible...