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).