College is expensive. I know, I know – not exactly rocket science, right? And, especially in my cases where there are older teenage children, my conversations often begin and end on college education and the costs associated with it. I talk to mothers all the time, and they’re all super concerned about their kids well being and how to ensure that they are as minimally disrupted by the divorce and/or custody case that is going on in the background of their lives as possible. In … [Read more...]
What if I have a prenuptial agreement?
Very few things strike fear into a divorce attorney’s heart as much as the words, “I have a prenup,” unless its “I already signed the separation agreement”. Either way, it’s very, very relevant information, as what you already signed can have a significant (and sometimes terribly detrimental) impact on your entitlements. When we speak about divorce law in Virginia, including what specific rights and entitlements apply in a general sense, we’re talking about a case where a prenuptial … [Read more...]
Can you recommend any good mediators in Virginia?
Can you recommend any good mediators in Virginia? I get asked for recommendations all the time. For lawyers practicing in other areas of law, for therapists for divorcing women and their children, for cool lunch spots in the Hilltop area near our main Virginia Beach location (hey, I’m good at that one!), and even, sometimes, for mediators. Ugh, mediation. It is seriously one of those parts of divorce that gives me such anxiety, I can’t even tell you. Mediation can be so great. It’s possible! … [Read more...]
Already Signed Separation Agreement
Already Signed Separation Agreement I met with a woman the other day who, from the moment she sat down, told me that she had just signed whatever her husband put in front of her because she wanted to keep things amicable. They have four children in common, and parenting was – understandably – her primary concern. He told her that they’d share custody. But the agreement said that dad would get primary physical custody, and mom would only get visitation every other weekend. She was under … [Read more...]
Communication when your child is sick
Communication when your child is sick Having a sick kid is bad enough. Having to deal with your child’s father while you have a sick kid is even worse. Most agreements – and court orders – specify that when the child is in your care, you need to notify the child’s other parent of any illness or injury. Now, I think we can be reasonable here, and assume that doesn’t mean that you have to let your child’s father know every single time your child sneezes or has a slightly runny nose. (Unless, … [Read more...]
“Fake” Separation Agreements
I had a consult the other day where a woman walked in with a signed document with a header that said “Separation Agreement” and she asked me, “Is there any chance this is fake?” Did I sign a fake separation agreement? I had to do a double take. What do you mean, fake? I asked her a couple questions, but mostly I was totally confused. Where would a document indicate that it would be fake? After all, a separation agreement isn’t some fancy hocus pocus that only lawyers can put on a … [Read more...]
Virginia Child Support Guidelines
If there’s anything that’s lagging behind the times in divorce and custody, it’s child support guidelines. (Just kidding. This is Virginia. We’re lagging behind in a lot of places, I’m just choosing to talk about one area that, in my opinion, is particularly behind the times.) It’s kind of like no one has any idea what it costs to raise a child in this day and age. For a lot of moms, the amount of child support is a little like a slap in the face. Or a lot like a slap in the face, … [Read more...]
Recorded conversations in Virginia divorce
It doesn’t happen all the time, but every so often I get a question about what to do in the event that someone else starts recording your conversations—ostensibly to use against you in some kind of civil or criminal proceeding. In divorce law, most of the time those conversations are intended to be used as evidence against a wife by her husband in a divorce, support, or protective order case. There are very few things as infuriating as having someone following you around with a recorder … [Read more...]
Prenuptial Agreements and Virginia Law
Let me just say this: prenuptial agreements aren’t all that common. And, if your soon to be husband has presented you with one, you have three options: 1. Sign it as is, and hope for the best. (Generally not recommended.) 2. Don’t sign it. Walk away, and hope he’ll marry you anyway—but with full knowledge that this may be the end of your relationship. 3. Negotiate a better result. I don’t like prenuptial agreements for a lot of reasons, but, most specifically, (and the one that’s resonating … [Read more...]
