Interesting piece on military marriages from NPR this morning

http://www.npr.org/2012/11/19/165454211/military-moral-code

James Bond in your divorce or custody case

Interesting article on the use of technology by spouses and parents involved in family law disputes.  It is extremely important to note that anyone even considering such things tread very carefully.  There are significant criminal and civil sanctions in Virginia and prohibitions on what you and your lawyer may or may not use from a legal and ethical standpoint.  Often the use of some of these spy devices is not worth the potential consequences you could face for violating laws.  In trying to achieve that sense of "Gotcha!", you may be the one who is more seriously penalized.
http://professional.wsj.com/article/SB10000872396390443995604578002751421246848.html?mg=reno64-wsj

Protecting our service members

Happy Veterans Day and thank you for your service!

We thought it would be appropriate with this blog to highlight one way that Virginia has stepped up to help military parents.

In 2008, the General Assembly passed into law the Virginia Military Parents Equal Protection Act.  This law is designed to address issues for parents who are deployed including mechanisms to obtain changes to a custody order when the deploying parent returns and provisions for how the non-deploying parent is to foster visitation with the deploying parent.

The Virginia law supplements relief provided in the Servicemembers Civil Relief Act.

Serving our country is an important duty; it also provides complex procedural and substantive issues for members facing separation and divorce.  This law is just a sample of what is available when military issues arise.

Marital property - Myth 1

The misconception that we often hear in divorce matters is that the law says "what's mine is mine, what's yours is yours and what's joint is divided."  In the world of marriage, divorce and family law, it is more like the following:  what's yours is marital, what's theirs is marital and what's joint is marital.  That's right.  Anything that was acquired during the marriage (with some limited exceptions) up to the date of separation is considered to be part of the marital estate and therefore subject to division as part of a divorce.  Your retirement that you earned during the marriage... marital.  The other spouse's savings account that was saved during the marriage... marital.  The equity in the house that was earned in part by one party's payment of the mortgage during the marriage... marital.  Again, there are some exceptions to this general rule, but the important thing to remember is that title of an asset alone does not determine whether it is subject to division or not.

Following orders for child support payments

Parents who are separated and/or divorced or never married who cooperate regarding their children should be commended.  Parents working together for the best interests of children is what helps our young people get through difficult situations in their lives.  When cooperation begins to happen regarding child support payments, it is important to keep in mind certain things.  If there is a support order in effect, the support order must be followed.  Even good faith deviations can have potentially significant consequences in the future.  For example, Parent A is ordered to pay Parent B $500 per month for child support.  School fees and soccer registration are due and Parent A pays $250; Parent B says thanks and you only owe me $250 for support this month.  And so the cooperation goes, on and on, for months and years... until according to the Court order, Parent A is now $5000 in arrears to Parent B.  Parent A says "I'm not behind, I've been paying $250 per month to soccer and $250 to Parent B per month."  The Court will not be able to recognize the non-conforming payments (i.e. the payments to soccer); Parent A will be expected to come up with the additional funds; and the cooperation that once existed will deteriorate.  If your cooperation results in deviations to existing child support orders, talk to an attorney about how to get a new support order in effect and minimize your risks of future unintended arrears and maximize the ongoing cooperation for the sake of your children.

IMPORTANT INFORMATION IF YOU TRAVEL WITH CHILDREN

Traveling with children for many families is a normal occurrence.  Trips to Disney World, trips to visit family in California or another state, trips for sports teams are among the common destinations.  In addition, our communities are comprised of many international families who seek to travel abroad to visit extended family or to expose their children to other parts of their heritage; and many families seek to travel internationally to introduce children to the vast array of cultural cities. 

Passport requirements for children must be met and they may take longer if families are separated, divorced, or other engaged in custody disputes.  The State Department has a wonderful website that provides significant information about international travel with children.  Plan ahead, plan early and check out their site at lhttp://travel.state.gov/passport/get/minors/minors_834.html

Protect Your Confidences

Protect your confidences

Meeting with your bible study group at a local coffee spot?  Talking with your counselor over a latte?  Be careful!  It is wonderful to have these types of resources available to help you through life's difficult moments, especially if you are dealing with separation, ,divorce, custody matters, etc.   However, be sensitive to the fact that your confidentiality in a public place where you can be seen and heard may be limited.  Do you know who is sitting at the table behind you?  Who is in line while you wait for your bagel and java?  If you knew that your spouse's divorce lawyer was enjoying breakfast just feet away, would your conversation change?  If it would, then you may not want to share those parts of life in those contexts.  We encourage our clients to have support systems in place, but choose carefully when and where you want to rely on them.