When it comes to estate planning – clarity rules. Aretha Franklin’s passing resulted in drawn out litigation over the past 4 years that has finally ended with a two-day trial. Ms. Franklin handwrote a will in 2014 that was located in her couch and has been determined to be controlling of her estate. When the …
According to the 2019 U.S. Census, approximately 2.6 million U.S. households have at least one child with a disability. Divorce and co-parenting children is difficult enough, but the process becomes even more complicated when your child has special emotional or medical needs. Due to the additional care requirements, special needs children require a more thorough …
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. …
Custody matters can be complicated and emotionally charged in the best of situations. But for parents living with disabilities or those receiving benefits such as SSDI, SSI, or VA compensation, custody matters can feel even more overwhelming. Many disabled parents worry that their disability will unfairly influence how courts will view their parenting ability and …
Being in the military can add stress to an already difficult relationship that can ultimately end in divorce. While the divorce rate for military families is low, around 3 percent overall, the issues involved in those cases tend to be more complex. The military divorce rate appears to be much higher than the rate for …
Divorce and separation often bring extreme tension between spouses, and this can be especially true when children are involved. Unlike some relationships that end with clean closure, parents must continue to work together to co-parent their children for the rest of their lives. Unfortunately, the anger and resentment from the breakdown of a marriage can …
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 …
