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Falls Church Virginia Family Law Blog

Important tip: Calculate debt before getting a divorce

Dividing property is often one of the most stressful and divisive aspects of a divorce.

It can become even more stressful considering that, along with dividing their marital assets, spouses must also divide their debts. Dividing debt accrued during the marriage can be complex, but there are a few things that spouses can do to make the process easier.

A collaborative law divorce could be one with less acrimony

If you are getting a divorce, you have probably thought about keeping it civil. Just work out the answers to the problems presented and leave the emotion behind. But even if you and your spouse agree to disagree, it can be hard to rein everything in. The system seems set up to increase the acrimony of a divorce and force any minor disagreement into a trial-level issue.

Our legal system is set up to be adversarial, with a winner and a loser. Divorce, especially when you have kids, would ideally be a problem-solving situation. You could learn how to work together with your ex so you can continue to resolve problems in the future.

COVID-19 and divorce: Lessons from a high-profile case

Mary-Kate Olsen is known for her role as a mischievous youngster on the popular television show Full House in the late 1980s. Since then, in addition to acting, she has grown a successful career as a fashion designer and producer. In addition, she became married to Olivier Sarkozy in 2015.

Unfortunately, on April 17, 2020, she filed for divorce. Like many who are pursuing divorce, she has experienced some hurdles, evidencing how the current coronavirus pandemic has impacted every facet of our lives - even the most personal. In Ms. Olsen's case, she filed for an emergency order out of fear she would lose her apartment because her soon to be ex-husband had terminated the lease. Like many court filings during the COVID-19 pandemic, the court denied the request, stating it did not qualify as an emergency.

How can parents stay connected with their children after divorce?

No matter what the custody schedule is, transferring custody from one parent to the other parent and missing time with their children can be emotionally difficult - especially when the whole family is still adjusting to the new custody arrangement post-divorce.

Parents naturally want to remain involved in their children's lives, even when they are with the other parent. So, how can parents stay connected with their children?

Post-divorce: Summer parenting plans

As summer fast approaches, parents must once again prepare to have their children home full-time.

Divorced parents who share custody of their children often face more stress to prepare for this situation. So, what should parents consider for their summer parenting plan?

What do ERISA, QDROs and taxes have in common?

The one word that ties these three together is divorce. If you participate in your employer's retirement plan, then you know that withdrawing any funds early means a hefty tax penalty, usually 10%. When you started contributing to your plan, you probably didn't anticipate making any early withdrawals.

Now that you are getting a divorce, your spouse has the right to a certain percentage or amount of your retirement plan. It appears as though you will end up making an early withdrawal after all. Is there a way around paying the tax penalty? Will you owe taxes on the distribution amount?

What happens to my business during my divorce?

A divorce is an emotional time, and you certainly have many things on your mind. You may feel fortunate to have a job you love, and running your own business may distract you from the turmoil in your personal life.

Unfortunately, you may not realize how closely your business entwines in your private matters and the dissolution of your marriage. The sad fact is that many business owners learn too late that their companies and their livelihoods are on the line when it comes time for asset division in their divorces.

Avoid sabotaging your own mediated divorce

You may have heard horror stories about litigated divorces or maybe witnessed them in your own family. In a divorce, the courtroom can quickly become a war zone, and a process that may otherwise have ended positively becomes a bitter affair.

Although this is not the way every litigated divorce ends, it happens often enough that more and more couples are opting for mediation as a more peaceful and civil way to dissolve their marriages. If you and your spouse are planning to use the mediation option to end your marriage, you will want to be careful to avoid any behaviors that may derail the process.

Three tips to share expenses when co-parenting after divorce

Getting a divorce is never easy, but it can be particularly difficult if children are involved. Even though you will no longer be in a romantic relationship with your ex, the parental relationship will continue. The level of involvement will vary for each couple, but those who choose to co-parent will likely communication often.

Watch out for psychological abuse during your divorce

Divorce can seem like a betrayal. Even a process that is going along amicably can derail if one spouse suddenly becomes overwhelmed with emotions. It is not uncommon for a former partner to play dirty to gain an advantage over the other spouse or simply to exact revenge for perceived wrongs.

You may think you know your spouse well enough to be able to predict whether he or she will take vindictive actions against you. However, during a painful divorce, it is never wise to make such assumptions.

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