All About Child/Parental Relocation Law in Virginia

After a marriage breaks up, it’s common for parents to want to relocate to other places with their children. Since this is an issue that leads to a lot of disagreement between the parents, a court intervention is more than often required. Both parents have the right to control the child upbringing, but it’s not to say that a reasonable request to relocate will be denied as there is a child/parental relocation law in Virginia that regulates the whole process.

Mutual agreement on child relocation

Both parents can have a mutual agreement about a child’s relocation. If both of you agree to the child relocation, then the court cannot object it. However, if there are concerns from child protective services or other child agencies, then the court will be involved. If the parents agree about relocation pending divorce, the terms of the agreement will be included in the marital settlement agreements, but after the final process of divorce, both parents will have to file the post-judgment stipulation to modify the terms of relocation. If you have arrived at an agreement, it’s always recommended that you involve a family lawyer to make the agreement legal.

Objection to the child relocation from non-custodial parent

This is one of the most common scenarios: a parent with primary custody of the child wishing to move with the child but the non-custodial parent objects it. If the objection occurs when the divorce is pending, then both parties will have to resolve the dispute through litigation. Most likely this may necessitate a trial, but in any case, the person intending to relocate with the child must prove to the court that the move will be beneficial to the child.

Procedural requirement for relocation after divorce

Any parent with an intention to relocate with the child out of the state of Virginia is required to notify the other parent in writing, 30 days prior to the scheduled move. He or she should provide hurdle of proving that there have been some changes before the custody order was issued. Other than that, the parent seeking relocation should prove that the relocation is not substantially impairing the relationship between the child and the other parent. The other parent must state in writing if he or she objects to the relocation. The objective parent should give reasons for objection.

Conclusion

Child relocation is a relatively complex issue in Virginia, and it’s always wise that you arm yourself with a child custody attorney. Working with an attorney will help you understand your rights and options. The lawyer

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Guide To Legal Separation Agreements

Legal Separation Agreements

If you are planning on going through the divorce process, it’s recommended that you sign legal separation agreements that are usually a precursor to the ultimate divorce. The agreements are basically contracts that stipulate how couples that are legally married may go on to live individual lives while they’re in the process of the divorce process. The affected couple remains husband and wife on paper but live individual lives as if they weren’t married.

Things involved in legal separation agreements

The agreements involve the same things involved in a court process. The separation contract defines child support installments, visitation plans, alimony, custody, asset distribution, and other aspects that affect the couple or the children involved.  You should work with your family lawyer and come up with a contract that favors both of you. It’s only after you have failed to reach an agreement should you head to court.

Legal Separation Contracts versus Divorce proceedings

The greatest difference between separation agreements and divorce proceedings is that in legal separation the affected couple continues being married which isn’t the case in a divorce case. There are many benefits that come with the separation arrangements. One of the benefits is that a spouse’s health benefits aren’t terminated as it’s the case with divorce.

This means that if you are suffering from a medical condition you don’t have to worry about being unable to afford your medical bills even if you aren’t living with your partner.  In addition to this, both parties have access to each other monetary resources unless the agreement states otherwise.

Acceptable Behavior during the separation period

After you have signed the agreement you should carry yourself with dignity. As rule of thumb, you shouldn’t defame your partner. Lawyers also recommend that you avoid demonstrating infidelity during this period as it can certainly hurt the outcome of the divorce case.  For example, when you defame or talk ill of your partner, the judge can rule that you apologize or make a given payment to your partner. To be on the safe side you should strictly stick to the agreement and if there is a part of the agreement that you don’t understand, ask your lawyer to expound on it.

Conclusion

This is what you need to know about separation agreements. For you to draft a great agreement that considers all the people involved in your relationship, work with a reputable divorce lawyer. The lawyer should not only be experienced in the divorce process, he/she should also be experienced in the drafting of the separation agreements.

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Divorce Lawyer: Guide On How To Prepare Yourself For Divorce

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When people get married, the last thing that they do is to dream about divorce. Unfortunately, 50% of marriages end up in divorce. If you have tried working on your marriage but it has failed, you should prepare for divorce. To help you out, here are some of the things that you should do to prepare yourself:

Hire an experienced divorce lawyer

The divorce process is tedious and can get messy. It’s always good to have someone who will provide you with guidance and guide you through every step of the way. The best person you should have is a divorce lawyer. There are many lawyers in the market but few are ideal for you. You should research and find a professional who is experienced enough (5-10 years) and with a great personality. There are a few know-it-all, arrogant lawyers who might try to give you advice without even listening to your case. You should avoid such a person.

To avoid a lot of stress and high legal fees, always aim to settle as fast as possible. The lawyer should guide you on what you need to do to settle the case as soon as possible. While settling is important, the lawyer should be ready to fight for you should the need arise.

Know the amount of money that you have before divorce

Money is a sensitive issue that is usually the center of attention in a divorce case. One of the main goals of a divorce process is to ensure that there is an equitable distribution of marital assets and debts. For you to get a fair share of assets during the settlement, you should know where you stand financially.

You should work with your family lawyer and know what you own and what you owe. Your assets can be a home, financial accounts, vehicles, artwork, inheritances, pension plans and others. Know what you got as a couple and what you already had before you met. You should hire a professional accountant to help you determine the total assets and debts that you have.

Plan for your children after divorce

Children are highly affected by divorce and it’s your responsibility to ensure that they have a good life. You should agree with your spouse and your child support lawyer on who will live with the children and the amount of money that each of you will contribute towards the proper upbringing of the children.

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Alimony Attorneys: Golden Alimony Tips

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Alimony also called spousal support, is a legal order on one spouse to provide financial support to the other spouse after, or before a divorce or physical separation. You should work closely with your spousal support lawyer and settle on the best support amount for you.

Up to the early 1970s, alimony applied to the ex-wife, but to uphold gender equality divorce laws have changed to accommodate alimony for ex-husbands. Whether you are considering getting alimony from your spouse after divorce proceedings or are looking for reasons not to pay alimony, the following tips should help.

Consider the type of alimony that you want

First, consider whether you are eligible for alimony from your spouse. You are entitled to alimony if you cannot afford the lifestyle you maintained when you were married. There are four types of alimony;

Temporary alimony: This is alimony given when the parties are physically separated during the divorce process.

Rehabilitative alimony: This alimony granted to the financially lesser spouse. It’s given for a specified amount of time. Usually, until the partner attains financial stability.

Permanent alimony: The alimony is awarded to the financially lesser spouse until the spouse dies or remarries.

Reimbursement alimony: This kind of alimony is granted as reimbursement for expenses incurred during marriage such as educational expenses.

Your divorce lawyer will advise you on the type of maintenance that is best for you.

Determine the alimony amount that you need

You need to prepare a personal budget of all your monthly expenses to present to the judge. In the budget be as detailed as possible. However, do not exaggerate the costs. Also, consider your future expenses as you will no longer be living with your spouse. The best approach is to hire a professional forensic accountant to determine your expenses.

Negotiate alimony first with your spouse

Settling the alimony agreement out of court may be the best option for the both of you. Before taking spousal maintenance to court, ask your lawyer to prepare an offer to the other party. Negotiating before taking the matter to court will speed up the process thus your divorce process takes a short time. Negotiations are also less stressful and emotional compared to the court battles. You should work with your family lawyer and negotiate until you reach a favorable amount.

Conclusion

These are the divorce tips that you need to consider when determining the amount of spousal support that you need. If there are kids involved in the divorce process don’t forget about. Work with a child support lawyer and settle on an amount that is ideal for them too.

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Child Support Lawyer: Everything You Need To Know About Child Support

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Divorce is a difficult time for any family. Often times, it is vitriolic and messy. If children are involved in the divorce process, the spouses should agree on child custody. This is the amount of money that is meant to facilitate the upkeep of the children.

Children supported after divorce

All dependent children are legally entitled to be supported by both parents. Usually, this arrangement is mandated by the court as part of the divorce settlements. In the majority of the cases, the judge presiding over the case has the ultimate authority in deciding who pays the child support, who gets custody of the children, and how much child support needs to be paid. The decision solely depends on the spouse earning more money. You should work with your child support lawyer and convince the court the amount of money that you will be able to pay to support your children.

What happens in times of solo child custody

If one party gets custody of the child after divorce, he or she is responsible for the day to day and other expenses of the child. In many cases, this can be burdensome especially if the spouse doesn’t have a stable source of income. So, the judge orders the other party to send monthly checks to the custodian to support the expenses of the child.

Understanding when child support ends

Child support is a constant feature until the child reaches the maturity age, usually 18. There are exceptions to this statute. If the child is 16 and emancipated or voluntarily withdraws from the program, the child support can be stopped. The child support can be extended beyond 18 years in case the child is going to college full-time and is unable to support himself during that time. In cases of disability or illness, this support might be extended further at the discretion of the judge.

How to pay child support

Usually, the arrangements are mutually arranged between the two parties. To avoid long court battles and ensure that your children are stable, you and your spouse should get a family lawyer and agree on the amount that each of you will contribute to the upkeep of your children.

Conclusion

This is what you need to know about child support. It’s recommended that you start the negotiations with your divorce lawyer before you make the decision of heading to the courts. This is to avoid the stress, time, and shame that comes with solving your issues in public.

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Divorce Lawyer: Tips To Consider When Going Through Divorce

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Divorce is usually hard for everyone as there are plenty of things that are involved: there is property, child support, spouse support and plenty of other things. If you are going through divorce for the first time here are golden tips that will be of great help to you:

Arm yourself with a professional divorce attorney

This is the first thing that you should do. When going through a divorce, it’s common to feel that everyone is against you. When you have a divorce lawyer, you have peace of mind as you know that you have someone supporting you. There are plenty of places where you can get a good lawyer. You can get one through referrals, or do your own research. To be on the safe side ensure that the lawyer you hire is experienced enough.

Appraise everything before the divorce process begins

Here you need to hire a forensic accountant who will help you determine the value of your properties. For ideal results, ensure that the accountant is well-versed in providing evidence to a court. It’s common for some people to try to hide their assets so that they appear poor. Others don’t want to share their property with their spouses. While you can get away with it, the situation can backfire on your face if the court finds out. To be safe you should never hide any of your assets. You also should never try to falsify your records.

Determine what is yours

Inheritances, heirlooms or assets that were yours before you got married are yours and can never be shared with your spouse. To convince the court that you got the property before you got married you should have records to prove it. You should work with your family lawyer and come up with a document that will be recognized in court. The document can be as simple as a letter from your family member.

Think about child custody

Studies show that children are highly affected by divorce. As your most prized people, you should work at ensuring that they get the best. If you feel that they will have a better life when living with you, work with your child custody attorney and convince the court that you will be a better parent.

Conclusion

These are the tips that you should consider when going through a divorce. To have an easy time, work with a supportive and easy-to-talk-to lawyer.

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Child Custody Attorney: Taking A Look At The Common Child Custody Mistakes

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When you are undergoing divorce and kids are involved, you need to work with your child custody attorney and agree on the best type of child custody that you should go with. Studies by attorneys show that couples make plenty of costly mistakes that compromise their child custody cases. These mistakes include:

Badmouthing your spouse after divorce

Emotions are often high during divorce and it’s common for couples to speak ill of the other person. While this is the case, you shouldn’t speak ill of your soon-to-be-ex-partner in public. You shouldn’t badmouth your spouse in court, online or anywhere else where the court can easily find proof. When you badmouth another person you appear to be the bad one and this gives the judge the wrong image about you. In most cases, the judge will deny you custody of your child as you appear vindictive.

Hiring a lawyer who is a gun for hire

A gun for hire is an attorney that will take your case and make your argument as long as you pay him/her. This is a type of lawyer that will go ahead and take your case even if he/she is sure that you can’t win. Such a child support lawyer will just make you feel good when you are in his/her office and then be shocked when the judge’s ruling comes along. To be on the safe side take your time to research and find a reputable lawyer that will only take your case because there are high chances of you winning custody of your child.

Influencing your child so that you can win child custody

When the children involved are old enough, it’s customary for the court to want to know their custody preference. Many parents know this and try to influence the children to take their side. Some spouses do this by promising things to their children that they won’t deliver. The court wants what is best for the child and when it realizes that you are trying to manipulate the child, you may lose custody.

Forgetting about the real reason for child custody

The reason you want to have custody of your children is so that you can keep them safe and provide everything for them. While this is the goal of it, some couples are out there to frustrate the efforts of their former spouses. To stick to the sole aim of you being in court you should work with an experienced divorce lawyer.

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Divorce Lawyer: Everything You Need To Know About Prenuptial Agreements

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A prenup or a prenuptial agreement is a document that you draft detailing the assets that you have and who gets what in the event of a breakup. When you divorce without a prenup, the court decides who gets what. With the agreement in place, you are able to tailor the division of the assets to your specific situation. This not only makes the process smoother and faster, it also saves you plenty of money.

When you should get a prenup

If you ask any divorce lawyer he/she will tell you that you should get a prenup anytime that you are getting married. The prenup is of more importance if you have assets that you would never want to be included as part of your marital property.  Since the assets aren’t part of the marital property that you get when married, you can’t divide it when you divorce.

According to lawyers, you should avoid getting a prenup if both of you are broke and there are no prospects of either of you owning substantial assets in future. Instead of wasting money on a family lawyer, you should invest that money in another area.

Things to agree on in a prenup

You agree on both real and personal property rights in the prenuptial agreement. These rights include:

  • Rights and obligations of every spouse in a property. You should also state where the property is located and if possible, its value.
  • The right of each spouse to sell, use, lease, assign or create a security interest on it.
  • Disposition of the property upon divorce, death or separation

You can agree on almost anything from pets to high-end real estate investments.

Drafting a prenup without a lawyer

In as much you would like to save money and draft the prenup without involving a lawyer, this isn’t possible. Unlike before, the prenup can be declared invalid if a lawyer wasn’t involved. To be on the safe side, involve the services of a certified and experienced lawyer.

When getting an attorney you should note that most of them charge by the hour where the fee varies depending on where you live, the reputation of the lawyer, and complexity of your financial situation.

Conclusion

This is what you need to know about prenuptial agreements. To have an easy time, work with a lawyer that specializes in the drafting and reviewing of prenuptial agreements. If you are looking to protect your business, work with a professional that is an expert in family business.

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Taking A Look At Family Business And Divorce

family business

It’s estimated that 80% of businesses are family owned and just like any other part of the family, it’s affected by divorce.

Business options after divorce

In most cases, divorcing couples want nothing to do with each other once they have divorced. The situation is tough if they had started a business together. If you have a business together with your spouse you should have a sitting with your family lawyer and understand the options that you have.

One option that you have is to split the business. You can split the shares in the business or sell the business and split the money that you get from the sale. You should agree with your spouse on the best way of going about it. If you are passionate about the business but your partner isn’t, you should consider paying him/her an amount that is equivalent to his/her share in the business. If both of you aren’t interested in the future of the business, you should consider selling it and sharing the amount gained.

Selling the business is easy as all you need to do is hire a financial appraiser. Once the appraiser has determined the value of your business, you should sell it and split the amount you get.

The other option that you have is running the business together. This is the best option if both of you are passionate about the business and want to see it through together. The option is also wise to go with if the business is big and requires both of your participation for it to continue running.

Whether you choose to sell the business or continue running it as partners you need to sit down with your divorce lawyer and agree on how you will share the proceeds generated from the sale or profits. To make the agreement binding ensure that the agreement signed by the lawyer.

When you fail to agree after divorce

Due to emotions, it’s common for couples to fail to agree on what to do with their business once their marriage has failed. Most couples don’t have a plan for their business—they just want to frustrate the other spouse thus make choices that go against the choices of the other spouse.

When this happens you have no other option other than to go to court. The court considers the person that started the business, who has been working in the business and plenty of other factors for it to come up with a decision on the amount that each partner should get. To get a favorable hearing, arm yourself with an experienced family business lawyer.

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High-Asset Divorce: Putting A Lens On Prenuptual Agreements

high asset divorce

A prenuptial agreement is a great tool to protect your businesses and property from getting lost in the event your marriage doesn’t work. The agreements are common with high-asset couples. Due to the gravity of the agreement and also to make the agreement binding, it’s always recommended that you sign it in the presence of a family lawyer. If you are comfortable with it, you should let the lawyer draft the agreement for you.

  • Issues covered in a prenuptial agreement
  • The agreement covers plenty of issues including:
  • Rights to buy or sell and have control over property
  • Rights and responsibilities of each party in any assets owned by one or both parties
  • Spousal support in case of separation or divorce
  • Disposition of property and assets in the occurrence or nonoccurrence of death and separation
  • The writing of a will
  • Disposition and ownership rights of an insurance policy

Making Changes to the prenup after marriage

Signing the prenup doesn’t mean that you can’t make changes to it. If you had agreed that you won’t share a given piece of land and then your marriage is doing so well that you are comfortable sharing the land with your partner, you should contact your divorce lawyer to help you with the redrafting and signing of the agreement. If you are the property owner, always sit down with your lawyer and go through the pros and cons of making the changes. If the pros outweigh the cons, go ahead and execute the changes.

Invalidity of Prenuptial agreements

Years ago, prenups were considered difficult to void, but this is no longer the case. Even if you have signed the agreement, the judge can toss it out of court and declare it invalid if it has these features:

Not properly executed: The law requires prenuptial agreements be signed before the wedding for them to considered valid. If you signed the agreement after marriage, the judge can declare it invalid.

It’s fraudulent: It’s not uncommon for couples to hide their assets from each other. If you are going through divorce and you are able to prove that your partner didn’t disclose all of the assets, the agreement can be tossed out of court

Conclusion

This is what you need to know about prenuptial agreements. To ensure that the agreement is professional, have it drafted and reviewed by a certified high-asset divorce attorney. Also, ensure that you sign it before getting married.

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