Hirsch & Ehlenberger, P.C.Hirsch & Ehlenberger, P.C.2024-03-11T05:19:14Zhttps://www.novafamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302255/2019/09/cropped-favicon-32x32.jpgOn Behalf of Hirsch & Ehlenberger, P.C.https://www.novafamilylaw.com/?p=488002024-03-06T06:19:41Z2024-03-11T05:19:14Zsigning an agreement in 2022.
Secure your assets and financial independence
If you are entering a second or third marriage, you may have accumulated significant assets including, life savings, retirement funds, or even a business. A prenuptial agreement can help you secure your assets and avoid financial problems should the marriage not work out.
Protect your children’s future
If you have children from previous relationships, prenups can be a valuable tool to secure their inheritance. This document can also serve as a legally binding declaration for your children that you will continue to protect them and their best interests, even as you move on to a new chapter in your life.
Streamline estate planning
Estate planning becomes more intricate with subsequent marriages, particularly with ongoing alimony payments, child support, or business ownership that need to be considered.
With a prenuptial agreement, you can add another layer of security to guarantee that your assets are distributed according to your wishes if you decide to end the marriage.
In the United States, the statistical fact that half of all marriages end in divorce is famously reiterated. However, subsequent marriages actually fail at a higher rate. This underlines the vital role of prenuptial agreements in preparing yourself and your soon-to-be spouse for your future together.
Signing a prenup is often preconceived negatively, but it is crucial to remember that it is not about mistrust or anticipating the end of a marriage.
Like life insurance, this document simply places guardrails against financial issues that come with significant changes that you may face in life.]]>On Behalf of Hirsch & Ehlenberger, P.C.https://www.novafamilylaw.com/?p=487992024-02-19T06:51:26Z2024-02-22T06:51:13Zprenuptial agreement is a delicate process that involves understanding legal requirements and reflecting on personal circumstances. It must represent the interests of both parties because a one-sided prenup won’t be enforceable in court.
Contents of a prenuptial agreement
If you’re thinking about drafting a prenuptial agreement, know that you can use the opportunity to clearly define the ownership, control and distribution of current and future assets and liabilities. This often covers premarital assets, property acquired during the marriage, retirement benefits and debts. All the prenup’s terms should be as detailed as possible to avoid any potential issues if the agreement has to be enforced during a separation or divorce.
You can also include provisions for spousal support in the case of separation or divorce. However, it's crucial that your agreement respects Virginia's laws and doesn't attempt to waive or violate unalterable rights, such as child support obligations.
Presentation of the agreement
Introducing the idea of a prenuptial agreement to your partner is critical. It's best to bring up the topic openly and early in the engagement, allowing both of you plenty of time to consider the terms, seek independent legal advice and discuss terms without feeling rushed.
Presenting the agreement as a mutual protection measure rather than a sign of mistrust can help frame the conversation positively. Ensuring that you and your betrothed have the opportunity to input on the agreement’s terms makes it a fair reflection of your mutual understanding.
Ensuring your prenuptial agreement is enforceable
To maximize the enforceability of your prenuptial agreement, it's wise for you and your partner to have independent legal counsel. This will help to ensures that both parties' interests are fully represented and understood, minimizing future disputes concerning the issue of fairness.
Crafting a prenup isn’t a task that every couple completes but, for those who do, it can serve as a solid foundation upon which to build a lasting union. And, in the event that the union ends, it can serve as a form of protection for the interests of both parties.]]>On Behalf of Hirsch & Ehlenberger, P.C.https://www.novafamilylaw.com/?p=487982024-02-16T05:33:15Z2024-02-21T05:33:01ZConvincing your child to get a prenup can be a challenge. They may see it as an indication that you don’t like or trust their chosen partner or have no faith that the marriage will last. That’s why it’s best not to wait until there’s a future spouse in the picture. This lets you focus on the importance of protecting the family wealth, including perhaps a family business.
Whether you’re looking at wealth handed down through generations, that you built yourself or a combination of both, it’s important to show your child how it has been built – and their role in protecting it for their and future generations. It can also help to emphasize that a prenup doesn’t prevent their future spouse from benefitting from that wealth to whatever degree they do throughout the marriage. It can, however, help keep them from leaving the marriage with some of it – and maybe even a share of the family business.
What you need to avoid
If your child is already engaged when you have the prenup talk, you have to be careful about encouraging them to pressure their spouse-to-be to sign. Certainly, future in-laws shouldn’t pressure them. If they can show in a divorce that they were pressured to sign it, a prenup could be ruled invalid. Even if they were presented with a prenup after wedding arrangements were in the works, they could argue that this alone made them feel like they had no choice.
It’s also important not to get directly involved in the creation of the prenup itself. Just make sure your child has the information they need to protect any assets they’re bringing into the marriage or that they’ll inherit later (including understanding how to avoid commingling assets).
You don’t have to be a multi-millionaire to worry about this. Any assets you’ve inherited or worked to accumulate are worth preserving.]]>On Behalf of Hirsch & Ehlenberger, P.C.https://www.novafamilylaw.com/?p=487972024-02-14T10:00:37Z2024-02-19T09:58:56ZBenefits of sharing information with your lawyer
Divorce can leave you wanting to represent yourself in the best light, scared to let out anything that might tarnish your reputation. However, your lawyer is not there to judge you. Instead, they work to provide you with sound advice and guidance and be your advocate.
Keeping crucial details to yourself could only make their counsel and legal strategy less effective. By giving your lawyer the full picture, you help them understand your situation better and anticipate how the other party might act. This knowledge can play a crucial role in crafting a strong defense for your case.
The secrets you have could come out later anyway. Your spouse has a lawyer, too. They could dive deep into your marriage and bring private matters to light during proceedings.
Your divorce attorney should be able to manage even the most damaging truths, but they can only help you if they are aware of it. If you have concerns about the confidentiality of these facts, rest easy knowing that you are protected by attorney-client privilege.
What does attorney-client privilege cover?
When you hire a lawyer, anything you share with them is confidential. Unless you waive your attorney-client privilege, they cannot share such information with anyone outside of your legal counsel.
Still, it is important to remember that there are situations when attorneys must break confidentiality. If you threaten harm to your spouse, plan to commit a crime or disclose knowledge of another attorney's misconduct, your lawyer may have to disclose this information.
Additionally, bringing in a third party during consultations or sharing confidential matters with them may forfeit your right to attorney-client privilege.
If you have concerns about attorney-client privilege, consider speaking to an attorney. Although you have things you would prefer to keep to yourself, remember that the lawyer you hire is on your side. Your honesty can help equip your divorce attorney to the fullest, allowing them to be well-prepared as they advocate for you in a divorce.]]>On Behalf of Hirsch & Ehlenberger, P.C.https://www.novafamilylaw.com/?p=487962024-02-01T06:12:28Z2024-02-06T06:12:15Zmanaging your emotions. This way, you can advocate for yourself effectively and pursue an outcome that aligns with your best interests.
Tips for managing emotions during mediation
Emotional readiness is vital in divorce mediation. It is rare for mediation to go by without evoking strong feelings in the participants. Your feelings are valid, but it’s best not to let your emotions dictate your actions. If you feel like a certain subject is starting to anger you, it is okay to ask for a break, end the session or discuss it with your mediator alone.
The goal of mediation is to help you reach an equitable agreement concerning alimony, child custody, property division, and other important issues. Getting rid of the "win-lose" mentality before a session can help you stay focused on your end goals.
In addition to being open-minded, active listening might help you see things from your former partner’s perspective. It may be difficult, but understanding where they are coming from could allow you to maintain a respectful conversation and work out your differences with empathy.
How a skilled divorce mediator makes a difference
A skilled mediator takes no sides, allowing the parties involved to resolve their concerns o they can achieve an agreement. To do that, they must create an environment where each spouse can communicate their side effectively.
They can set ground rules that can help minimize conflict such as barring interruptions or foul language. Additionally, if one spouse is unable to articulate their needs constructively, the mediator can assist in minimizing misunderstandings.
When tensions arise, skilled mediators know when and how to intervene.
Entering divorce mediation with your emotions in check can allow you to approach the process with a clear mind. Moreover, an effective mediator can help manage triggering situations. Through the guidance of a mediator, discussions may stay productive and lead to an outcome that is fair to you and your former partner.]]>On Behalf of Hirsch & Ehlenberger, P.C.https://www.novafamilylaw.com/?p=487932024-01-22T10:56:21Z2024-01-25T10:55:46ZThe main objective of an investigation is to learn about the circumstances impacting the child's life, serving as a guide for the court when making custody and visitation setups. The investigator can conduct interviews to gather information, often including the following:
In-person discussions with the involved parties, such as the parents and other members of the household
Interviews with other individuals who have regular exposure to the child, such as teachers, childcare providers, neighbors, doctors and other people
One-on-one conversations with the child, allowing the investigator to learn about the child's perceptions and opinions
Workers chosen to conduct the investigation have adequate qualifications to do so. They may also pay close attention to the child's preferences and comments when conversing about the parents and other family members. The output of these interviews is a report, which will go to the judge for review. It can affect what happens next, but its usage may be discretionary, depending on the situation.
Approaching child custody issues appropriately
Some parents can feel threatened when faced with child custody disputes, especially in high-risk scenarios. In these situations, seeking legal counsel can help lessen worries and determine the most appropriate option to address custody and visitation issues. Legal insight can also be valuable when sorting out complications that may stem from the family's unique circumstances.]]>On Behalf of Hirsch & Ehlenberger, P.C.https://www.novafamilylaw.com/?p=487912024-01-19T10:11:08Z2024-01-24T10:10:40ZSetting clear boundaries
One of the first steps in divorcing a narcissist is to establish firm boundaries. This involves limiting interactions to essential communication and avoiding unnecessary personal discussions. It's crucial to stay focused on the practical aspects of the divorce and not get drawn into emotional exchanges that can lead to conflict or manipulation.
Documenting interactions
Keeping a detailed record of all interactions can be invaluable. This includes documenting conversations, especially those related to custody and financial arrangements. Having a written record helps counter any false narratives or accusations that might arise, which is possible in high-conflict divorces.
Understanding narcissistic behavior
Understanding narcissistic behavior can be a significant advantage. Recognize patterns such as gaslighting, projecting and other manipulative tactics. Being able to identify these behaviors helps in managing your responses and staying grounded in reality.
Communicating effectively
Effective communication is concise, clear and as neutral as possible. Avoid getting entangled in emotional arguments and stay focused on the facts and practical matters.
Preparing for challenges
Be prepared for the possibility of the narcissist attempting to prolong or complicate your divorce proceedings. Have a strategy to maintain a realistic perspective throughout the process.
Divorce might not resolve all the issues stemming from the relationship with a narcissistic individual because they will continue to try to twist everything to meet their narrative. Focusing on achieving the best possible outcome and moving forward is essential. Ultimately, working with someone familiar with these matters can help to keep your case on track. It can also protect your interests as you legally dissolve the marriage that’s caused you so much stress.]]>On Behalf of Hirsch & Ehlenberger, P.C.https://www.novafamilylaw.com/?p=487892024-01-12T04:10:44Z2024-01-16T05:33:59ZCustody battles can be intense and unpredictable. Parents find themselves in a struggle for their children’s welfare. However, despite the rise of emotions, courts will remain firm in their commitment to facts. They focus more on what’s best for the children involved. One critical fact is the child’s age, which often plays a significant role in custody decisions.
This factor particularly comes into play when the court evaluates the credibility of a child’s expressed preference in the custody arrangement.
How age factors into custody cases
In Virginia, child custody proceedings are governed by the principle of the “best interests of the child.” This standard considers a variety of factors, including the child’s age. For very young children, courts might assess who has been the primary caregiver, as maintaining consistency is crucial for a child’s development.As children mature, their expressed preferences may start to carry weight in court. Once they reach a certain age and maturity level, they can exercise their right to express a preference regarding their custody arrangement. While age isn’t the sole factor Virginia courts consider in child custody matters, its importance tends to escalate as the child grows older.
It isn’t the only factor
While a child’s age plays a significant role in custody decisions, it’s crucial to remember it’s only one of many factors. Virginia courts also evaluate the parents’ ability to meet the child’s needs, the status of their health, the relationship between each parent and the child, and any history of family abuse or neglect. Despite the weight of a child’s preference, there’s no specific age in Virginia law where a child can unilaterally determine which parent to live with. The court has the final say and makes its decision with the child's best interests as a guiding principle.]]>On Behalf of Hirsch & Ehlenberger, P.C.https://www.novafamilylaw.com/?p=487882023-12-27T10:01:03Z2024-01-01T10:00:43Zentered into a separation agreement and no minor children are involved, then the minimum separation requirement is only six months.
On the other hand, a fault divorce is precisely what its name implies. Someone is responsible for the marriage's failure. They are at fault. Virginia recognizes several fault-based grounds for divorce, including adultery, felony conviction, cruelty, desertion, and abandonment. If one of these situations applies, a spouse may opt to file for a fault divorce.
Why pursue a fault divorce if your spouse cheated on you?
If your spouse cheated on you, you might want to get them out of your life immediately and make them pay for what they did to you. A fault divorce does not require a minimum separation requirement before one spouse can file, so if you want to get a divorce sooner, then you could consider it. Furthermore, a successful claim of adultery can significantly affect the financial elements of your divorce and give you leverage in settlement negotiations. However, you must be able to prove that your spouse actually committed adultery, which is a criminal offense in Virginia.
Proving adultery
To use adultery as the ground for your fault-based divorce, you must obtain clear and convincing evidence. Proof of an extra-friendly relationship with another person is not enough. The evidence you present must prove that your spouse had sexual intercourse with another person. The following are examples of evidence that can substantiate your claims:
A voluntary or involuntary confession from your cheating spouse admitting to the infidelity
A corroboration of evidence that confirms or supports your claims of adultery, such as witness testimonies from family, friends or neighbors and photographic evidence
Incriminating messages, conversations or emails between your spouse and the person they are cheating on you with
Enough circumstantial evidence to make any reasonable person believe your spouse is guilty of adultery
You see if you do not already have evidence, it will be incredibly challenging (but not impossible) to file for divorce on the grounds of adultery.
Nevertheless, filing for a fault divorce could be strategic, especially if the fault grounds could negatively impact your spouse's reputation. If they want to avoid the public disclosure of their extramarital affair, they may be more likely to settle outside of court and give you what you want.]]>On Behalf of Hirsch & Ehlenberger, P.C.https://www.novafamilylaw.com/?p=487852023-12-15T08:25:00Z2023-12-20T08:23:16ZLong-term marriages lead to post-divorce eligibility
If one spouse stops working to raise children or maintain the family home, they may go decades without gainful employment. A stay-at-home parent or spouse likely is not eligible for Social Security retirement benefits or Medicare Part A coverage based on their personal work history. They rely on the employment of their spouse to qualify for benefits.
Thankfully, government policies about employment-related retirement benefits extend protection to dependent spouses even after a divorce. Provided that the marriage lasted at least 10 years and the wage-earning spouse qualifies, the dependent spouse can qualify too. They will retain their eligibility for Medicare Part A based on their spouse's employment even after the divorce. The same is true of Social Security retirement benefits.
So long as the marriage lasted at least a decade, the dependent or lower-earning spouse can obtain retirement benefits based on their spouse's employment history. They can either make a claim based solely on a spouse's work or supplement their own benefits with the higher-value benefits acquired by a spouse who earned more and worked longer. Having a spouse seek Social Security retirement benefits after a divorce does not diminish what the working spouse receives.
When people understand what happens to key benefits during a divorce, they may feel less anxious about the upcoming end of a marriage. Discussing financial needs and concerns with an attorney can help people plan to achieve economic stability after a Virginia divorce.]]>