Remarriage or cohabitation?

Attached is an interesting article from the American Academy of Matrimonial Lawyers.  If you are among those folks who are considering remarriage or cohabitation, you may want to get a perspective from an attorney on whether a prenuptial agreement is beneficial for remarriage, whether other agreements are beneficial if you are cohabiting, whether benefits in a divorce agreement can be affected depending on your decision, etc.
http://www.aaml.org/about-the-academy/press/aaml-in-the-news/remarriage-rate-declining-more-opt-cohabitation

Financial information in a divorce

In divorce matters, issues of support and division of property are often topics that need resolution.  Although each court is slightly different in what it may require to be formally submitted, attorneys advocating for client's interests need information that can be found in documents including but not limited to tax returns, pay stubs, bank statements, financial account statements, etc.  The attached article from MSN Money is a good outline on these issues, keeping in mind that there are specific requirements in Virginia law that may not be applicable in other states.
http://money.msn.com/debt-management/preparing-your-finances-for-divorce

American Pscyological Association's article on divorce

http://www.apa.org/helpcenter/healthy-divorce.aspx

Sharing some divorce and custody perspectives

At Hall & Hall, we represent moms and dads who are going through a separation, divorce, custody dispute.  We like to help our clients find different resources that might speak to them based on their situation, the stage of their separate, their own children.  These articles from Parenting may be helpful; and there are more articles within the link that you may find a good read.  http://www.parenting.com/article/top-10-divorce-articles

Finances and Divorce

An interesting article that reaffirms how financial disagreements can contribute to divorce.http://www.huffingtonpost.com/2013/07/12/divorce-study_n_3587811.html

A new year of sorts for children and parents

School is about to start for many of us, or has already started in some counties near Richmond.  It is a new year in many ways:  getting a new schedule, learning who the new teachers are, gathering school supplies and organizing for a successful year regardless of what grade your child/children may be starting.  For parents who are separated or divorced, your custody schedule may include afternoons and/or overnights with the other parent.  Having a coordinated approach to making sure homework gets done, projects are completed, tests are studied for is important.  Find a way to easily share the volumes of information that come home from school; make sure that each parent has access to the school's online resources; create a study space with adequate supplies in each home even for weekend studies.  Good co-parenting throughout the school year is part of your child's academic success.

Important US Supreme Court decision out today

http://valawyersweekly.com/vlwblog/2013/06/03/ex-wife-gets-death-benefits-under-preemption-ruling/

Co-parenting and technology

For families dealing with separated parents, how to address decisions and issues involving your children can be a challenge.  We have talked in this blog before about the use of co-parenting counselors.  These counselors are not focused on mending a romantic relationship between parents; they are in the business of helping two adults figure out how to work together for the interest of children.

In addition to the services of a counselor, technology has a lot to offer.  There are new websites and apps appearing every day to help parents share information, calendars and schedules virtually.  Some times having this neutral space to post information can help.  There are pros and cons, good and bad aspects of any website or app; and it does take the parents to check them out and decide which one will work for them.  But, it can be worth a shot.

With property settlement agreements, remember your elementary school basics

Remember those various lessons from elementary school?  The who, what, when, wheres, and hows of grammar?  These lessons from years ago are important to keep in mind when you are considering the terms of a possible separation agreement.  Dividing assets?  WHO is supposed to do WHAT?  WHEN is he/she supposed to do WHAT?  HOW is he/she supposed to do WHAT?  These elements should be clearly stated in agreements so that everyone knows the terms, the expectations, and the deadlines.  The courts need to know the specifics and the deadlines, if it ever comes to having to pursue remedies because someone did not do something when it was supposed to be done.  

As we have said in the past, having an attorney review a proposed agreement, even if you are trying to do it yourself, can help identify these kinds of issues.  Attorneys look at agreements with their experience, their knowledge, and fresh eyes.

Tips on prenuptial agreements

In follow up to our post on March 22 about being wary to draft your own settlement agreement, this article presents good tips on prenuptial agreements.  We would add to these tips some of the same cautions from March 22, 2013.  Do not do it yourself; have a lawyer assist you in preparing it or reviewing it.  Virginia law is different from New York law, for example.  http://online.wsj.com/article/SB10001424127887323466204578382821541963936.html?KEYWORDS=prenuptial

Money issues and divorce

After a brief hiatus for Spring Break, we are back.  First up, another interesting article on money and divorce.  Check it out.http://money.usnews.com/money/personal-finance/articles/2013/02/13/what-happens-when-money-secrets-and-marriage-collide

Personal injury awards and divorce

We wanted to share some highlights from our presentation at the Virginia Trial Lawyers Association's annual convention regarding how personal injury awards may be treated in a divorce case.  When a married couple separates, the law requires that marital assets be divided in some fashion.  Understanding how personal injury awards are classified as marital, separate or a little of both is important; and your injury attorney needs to understand the classification structure as well.   The entire award is not separate; at the same time, the entire award is not marital.  Because lost wages and unreimbursed medical expenses are classified differently than other components of an award, it is critical to have the right documents and the proper evidence and support to have an award treated appropriately in a divorce case.  Having your personal injury attorney working in conjunction with your divorce attorney is a good first step.

Why you should be wary of drafting your own agreement

The Internet is a wealth of resources.   Nowadays, with a simple search, you can pull up any number of forms or easy opportunities to write your own agreement.  So, if you and your spouse agree on everything, why bother with talking to an attorney?  First, you may be unaware of nuances in the law that should or should not be included in an agreement ( see our blog from March 21).  Second, the easy form you may decide to use may not be based on Virginia law and each state is different.  Again, we appreciate folks who can worth with their spouse in the event of a separation, but in the urge to be cooperative, be sure you understand your rights and Virginia law.

Why you still need legal advice for an uncontested divorce

"We agree on everything; we just need you to draw up an agreement; I don't need to meet with anyone."  It's a comment we hear often.  While we appreciate parties who can work together to reach terms of their separation and divorce, custody, support, equitable distribution, having an attorney explain things to you before signing any agreement is smart.  Agreements are binding in most circumstances.  Too often we see folks who unintentionally ended up with permanent, unmodifiable spousal support because of assumptions they made.  Or, people don't understand the distinctions of mortgage arrangements such as assumptions versus refinances.  An agreement is the document that sets out your future obligations.  Know what you are taking on by talking to an attorney first.  (As one lawyer in our office likes to point out, you wouldn't perform heart surgery on yourself; don't act as a lawyer for yourself either).

Tax time and divorce

Each year we like to use this season to call attention to tax issues that may impact individuals going through a divorce.  This article from the Wall Street Journal seemed timely.  http://online.wsj.com/article/SB10001424127887323926104578276183059889820.html

Budgeting based on your income and necessary expenses as well as discretionary expenses that fit within that income is an essential skill to learn and maintain.  It is important before a marriage, during a marriage and after a marriage. http://www.usatoday.com/story/money/personalfinance/lifestages/2012/10/08/financial-tips-divorce/1584063/

Remarriage has important financial considerations

Financial issues tend to create marital discord in marriages whether it is a first marriage or a remarriage.  Being prepared about the particular financial issues that are common in a second marriage or other remarriage is important prenuptial work.  We share this article as one approach to addressing these potentially tough topics.
http://www.usatoday.com/story/money/personalfinance/2013/01/12/money-quick-tips-getting-remarried/1827733/

A different approach to prenuptial financial planning

In the past, we have talked about couples who may want to consider prenuptial agreements to protect themselves and their financial well-being.  This article from Forbes offers another option for consideration.  http://www.forbes.com/sites/jefflanders/2012/07/18/can-a-trust-protect-my-assets-in-divorce/

Financial tips for divorcing couples

If you follow our blog, then you know we have been repeating the need to consider the financial parts of a divorce.  It is an emotional time, but as this article points out thinking financially cannot be forgotten.http://www.forbes.com/sites/jefflanders/2012/12/18/five-best-financial-tips-for-women-divorcing-in-2013/

Being aware of retirement issues in divorce

You can tell based on the number of articles that we have recently shared, retirement assets are an essential consideration when separating or divorcing.  Here is another article for our readers.http://www.usatoday.com/story/money/columnist/brooks/2013/02/25/boomer-divorce-retirement-pension-401k/1936317/

More in our series on retirement assets in divorce

Whether you are separating or divorcing in your 30s, 40s, 50s, or 60s, retirement assets are an important part of the marital estate.  http://money.cnn.com/2013/02/18/retirement/divorce-spouse-finances.moneymag/index.html

How divorce can impact retirement

Here's a good story that we thought we would share.http://www.huffingtonpost.com/2013/02/28/gray-divorce-affecting-retirement-planning_n_2781812.htm

Financial planning during a separation

If you and your spouse are considering a separation, maybe to just give you time apart to work on the marriage or maybe to give you space to decide what is next, understanding the financial impact is important.  This article from the Wall Street Journal is worth a read.
http://online.wsj.com/article/SB10001424127887323829504578270052212529548.html?KEYWORDS=divorce

Health insurance and divorce

Health insurance is an important topic to address whether you are negotiating an agreement or seeking relief from a Court.  Understanding current coverage for a family and options for the future is necessary.  .http://health.usnews.com/health-news/news/articles/2012/11/16/divorce-puts-women-at-risk-of-losing-health-insurance-study-finds

Julie M. Cillo becomes a Fellow in the American Academy of Matrimonial Lawyers

The American Academy of Matrimonial Lawyers was founded in 1962, by highly regarded domestic relations attorneys “To provide leadership that promotes the highest degree of professionalism and excellence in the practice of family law.”  Academy Fellows are highly skilled negotiators and litigators who represent individuals in all facets of family law. These areas include divorce, annulment, prenuptial agreements, postnuptial agreements, marital settlement agreements, child custody and visitation, business valuations, property valuations and division, alimony, child support and other family law issues.
To be represented by a Fellow of the American Academy of Matrimonial Lawyers is to be represented by a leading practitioner in the field of family law. The  AAML Fellows across the United States are generally recognized by judges and attorneys as preeminent family law practitioners with a high level of knowledge, skill and integrity. Currently there are only 55 Fellows in Virginia.

Considering the tax implications of divorce

A good article from the American Academy of Matrimonial Lawyers

http://www.aaml.org/about-the-academy/press/aaml-in-the-news/tax-issues/new-tax-rules-complicate-divorce-plans

Finding the right attorney

A good article from the Richmond Times Dispatch.http://www.timesdispatch.com/business/local/metro-business/leading-edge-law-how-to-contact-an-attorney-for-the/article_5653ec83-1245-58f9-adb5-8dda705df32d.html