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Roanoke Divorce Law Blog

Grandmother requests custody of Belcher's child

Virginia grandparent's rights cases present numerous challenges. In many cases, there is some underlying estrangement from the parents of the grandchild that has forced legal action to obtain some right of access to the child. This can be problematic and requires very careful analysis of the possible courses of action. Other times, the grandparents may be attempting to formalize a factual situation legally, where the parents are incapacitated and can no longer care for the child or children.

This could occur due medical or health issues, problems related to substance abuse or incarceration, or in the case of the death of the parents. If both parents are killed in a motor vehicle accident, the grandparents will often step in to raise the children. Sometime the tragedy is self-induced, as the case of Jovan Belcher.

Grandparents can play unique role after divorce

In the state of Virginia, there are no specific laws addressing the rights of grandparents to have visitation time with their grandchildren. This may make it more challenging to obtain visitation or custody in the event that one or both parents object. However, this doesn't mean that it is impossible or isn't important for grandparents to try to spend time with their grandchildren.

Although divorce may be necessary in a number of cases, it's still an emotional and complex time. If any children are involved in the split, they will have to adjust to new living arrangements and changes in the days and times they see each parent. During this time of transition, grandparents can play an important role by providing love, support and assurance.

Beware an electronic trail of texts and photos

When events happen today, there is always someone with a camera present. The cellphone with a camera has virtually killed off the small camera and camcorder market. They are so ubiquitous that the Chicago Sun-Times is firing their photojournalists and expecting their other reporters to use their iPhones to document events. Of course, this means many unimportant, trivial photos are shot, sent and quickly forgotten. Then there are the photos many people wish they could forget.

We have all probably heard the term sexting, where typically teens send sexually explicit photos to one another. But teens are not the only ones who engage in this behavior. Perhaps because it seems both private and nearly anonymous, people appear to believe that it is unlikely their actions will ever be discovered. Unfortunately, they often become known during a divorce or in a hearing for a child custody issue.

Divorce rate moves with the housing market

For the last few years, there has been something of a lessening in the divorce rate. To some degree, it has been related the fact that fewer people have been getting married. But after the collapse of the housing market and the economic crises, some married couples have been unable to afford to go through with a divorce. The problem is often tied to the value of the home and an underwater mortgage.

In most divorces before the real estate crises, the family home was typically the most valuable asset of the marital estate. As part of the property division, one party would either buy the other's share of the home and remain in the house after the divorce, or they would sell the home and divide the proceeds.

A trust as an alternative to a prenuptial agreement

When you are preparing to marry the person you love, perhaps the last thought in your mind should be where to place your assets to protect them in a divorce. However, given the substantial number of divorces that occur in the Virginia and every state in the nation, it should come as no surprise that many pre-newlyweds may have just those thoughts.

A prenuptial agreement may seem like the ideal solution, but depending on your spouse, bringing up such a topic may leave one in a very difficult emotional position. If you are really in love with me, your future spouse may ask, just why are you thinking about a future property division in a divorce? This may be uncomfortable at best and permanently damaging at worst.

Social Security and retirement issues in a divorce

During a divorce, there are a myriad of financial things to think about. What will the property division look like, and what is meant by equitable division? If you have children, what type of custody arrangement will you have and how will that affect whether you pay or receive child support and how much? Will the court award spousal support, if it is necessary, and the amount. If you have a family home, should you keep it or sell it?

All of the financial questions, combined with the often-overwhelming emotions you may experienced during a divorce, could leave some items overlooked. One item that is often missed in the aftermath of a divorce is Social Security. If your marriage lasted the required time period, you may be eligible to receive spousal and survivor benefits. If your spousal support payment is low and the property division was less than generous, these Social Security benefits can help augment your retirement.

More grandparents have custody of their grandchildren

Our laws, like all human institutions, have been perpetually evolving ever since they were first created. Because our families are among the most dynamic of all human institutions, it is vitally important for family laws to adapt to changing circumstances in society.

This evolution in law can be seen in the increasing trend toward recognizing the important role grandparents play in the lives of their children’s children. More and more often, courts in Virginia and across the country are awarding grandparents child custody and visitation rights with their grandchildren.

Former Dodger owner back in divorce court over property settlement

With a divorce, you want to minimize the number of trips you have to take to the courthouse. When you have to go back to court, it costs you time and money. Courts are busy and the delays can be frustrating. And one area where you really want to do it right the first time, is your property settlement. If you make a mistake with your property settlement, a court is not very likely to give you a second chance.

This makes sense, as courts do not want to have contentious couples returning time and time again to complain that they did not get a particular piece of personal property or some other property was worth more than they received or less than they paid. By making a property settlement difficult to modify, courts save resources and prevent divorce cases from turning into a modern day equivalent of Dickens' Bleak House.

More unmarried couples buying homes

At one time, a couple made the decision to get married, then they got married, and then after all the legal formalities were out of the way, would decide to purchase a home. So as the age of first time marriages slowly increased, some within the housing industry were concerned that this delay could hurt their business. It appears their concerns were unfounded, as more couples are buying home before they marry.

Perhaps it is a result of a more cautious approach to life, having witness the prevalence of divorce among their parents generation and the challenges of the housing market. Much of the buying is being driven by timing, the current real estate market demands the ability to make a quick decision, combined with the presence of attractive interest rates.

What to look for in a Virginia prenuptial agreement

A prenuptial agreement can be controversial. Asking your potential spouse to sign one may appear to diminish the trust two people who are thinking of marriage should have in each other. On the other hand, there are many good reasons to consider a prenuptial agreement. The divorce rate, for instance, which hovers around 50 percent for first marriages and is even higher for second marriages.

Another good reason is to protect your children from a previous marriage. If you have particular assets that you want to ensure you children will receive, a prenuptial agreement can help keep those assets out of your marital estate and subject to equitable distribution in Virginia.

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