When families break up, it can be a very difficult process. Starting over can be stressful, and it is even more nerve-racking when you are attempting to relocate with a child. When it comes to relocation with a child, one of the court’s most important concerns is doing whatever is in the child’s best interest. …
No matter the circumstances that have prompted your divorce, going through the divorce process can be tedious and complex. If one or both of you are service members, questions such as what happens to your pension can complicate the divorce. This question is important, and you need to know where you stand before you enter …
Child custody cases involving special needs children tend to be more complex and involve more elements than other custody cases. Your special needs child may not fully understand what is happening or require special accommodations, potentially resulting in you seeking a more flexible order from the court. Physical and legal custody of a special needs …
Approximately 17% of children, or one in six, have one or more developmental disabilities such as ADHD or autism spectrum disorder (ASD). The challenges of raising an autistic child or a child with other special needs can become greater during a divorce. Devising a strong custody arrangement and parenting plan is essential to protect the …
Securing primary custody of your child after a divorce is a great victory, but there are often conditions you must abide by from a court order to maintain that custody. Most are obvious, like no domestic violence, but there are some unexpected obstacles you may not see coming. For example, moving out of state can …
Determining child custody for unmarried couples involves establishing legal parental rights and addressing child support, visitation, and custody agreements to ensure your child’s best interests are met. For example, if you are the father of your child, you still need legal proof of being your child’s biological parent. A Virginia custody and visitation lawyer will give …
What Steps Can A Father Take In A Child Custody Battle? In the case of child custody, it is not about winning or losing. Your child is not a prize in a game. They are precious to you, and you very naturally want full custody. You believe you are the right person to raise and …
Would you want your ex-spouse to maintain a power of attorney if you were to have an accident or get seriously ill? If you have gotten a divorce recently or you are planning to get one soon, it may be worth revisiting your estate planning to avoid unpleasant surprises. At Melone Hatley, P.C., our divorce …
Divorce affects the entire family, not just the parents. If your parents are going through divorce or separation, then you know this is true. Talking to one or both of your parents at times could be challenging due to the changes and emotions you’ve gone through. One way to get over this uncomfortable time is …
You’ve tried for years, but no matter what you do, you can’t get it to work. You want to divorce your spouse, but how can you talk divorce with your spouse without offending them or starting a full-scale conflict? No optimal approach to ask for a divorce exists. When telling their spouse they desire a …
If you and your spouse are not getting along in your marriage, and there is no way to resolve your issues, it may be time to think about divorce. Going through Virginia divorce, however, can be very stressful and painful to all involved. First, you need to determine the grounds for divorce before officially filing. …
Going through divorce can be an emotional and painful process. You might be anxious about what will happen to your assets, particularly the marital home, once your divorce is finalized. Virginia divorce laws identify what property may be subject to equitable distribution between the two of you, and what property may remain separate. Continue reading …
There are a lot of things to accomplish when you are going through divorce and starting your new separate life. Step 1: Safeguard Your Credit One of the most important steps you can take is to safeguard your credit. You want to think about getting a new credit card in your name so that you …
At Melone Hatley, PC, we understand that going through divorce is never easy. However, there are some steps you can take today to ease the burden and properly plan, so you don’t have a long-drawn-out process. Here is a list of 10 things we think is crucial to help you: 1. NEVER Threaten Divorce Until …
The end of matrimony can be a stressful, unpleasant time that can do irreparable damage to relationships and even your personal psyche. Sometimes, however, it can also be a time for celebration if one manages to escape an abusive spouse. Either way, it requires hours of paperwork and can be time-consuming, particularly if the divorce …
Unlike many other states, legal separation in Virginia is not granted by the courts. Instead, a husband and wife, wishing to separate and divorce, may simply live apart, even under the same roof. It is strongly advised, though, that they enter into a separation agreement, also called a marital settlement agreement or property settlement agreement. …
In recent years there has been a sharp increase in accusations of mental health issues in child custody cases. Parents who have a history of any mental health diagnosis are often faced with attacks based on their condition when requesting custody. What impact does having a diagnosis actually have on your case? Mental Health Diagnosis …
In Virginia, a parent who does not have primary physical custody of their child generally has a duty to pay child support. This duty can arise from either one parent filing in court for child support or from filing with the Division of Child Support Enforcement (DCSE), for a determination and entry of an administrative …
