Lutins & Pilgreen, PCRoanoke Divorce And Family Law Attorney | Criminal Defense Lawyer2024-02-15T15:36:00Zhttps://www.lutinsandpilgreenlaw.com/feed/atom/WordPressOn Behalf of Lutins & Pilgreen, PChttps://www.lutinsandpilgreenlaw.com/?p=480482024-02-15T15:36:00Z2024-02-15T15:36:00ZSecuring financial stability
One of the primary concerns for stay-at-home parents is the sudden shift to financial independence. They must take steps to ensure financial stability. It's important for stay-at-home parents to create a detailed budget that accounts for their new financial reality. This may help them manage expenses and prioritize needs.
Seeking spousal support and child support may also be beneficial. The ability to obtain these depends on whether a situation meets specific requirements set by Virginia law, so having legal assistance can prove valuable in these cases.
Re-entering the workforce
Re-entering the workforce is another hurdle for many stay-at-home parents post-divorce. Updating skills or acquiring new ones can be vital in finding employment in today's job market. Many resources are available for career development, such as community college courses, online learning platforms and vocational training programs. Networking with former colleagues, joining professional groups and utilizing social media platforms can also open doors to job opportunities.
Focusing on personal well-being
Stay-at-home parents need to focus on their well-being during this transition. Engaging in activities promoting physical health, mental well-being and personal growth can help rebuild their sense of self outside their previous role. Whether it's pursuing a new hobby, exercising or simply taking time for self-reflection, these activities can encourage resilience and a positive outlook.
Building a support system
Building a solid support system is crucial for navigating divorce's emotional and logistical challenges. Stay-at-home parents should seek emotional support from friends, family or professional counselors who can provide guidance and a listening ear. Support groups specifically for divorced individuals or single parents can offer a sense of community and understanding.
Seeking legal assistance can help to ensure that the rights and interests of stay-at-home parents are protected and that they understand their options. Every divorce is unique and, therefore, should benefit from personalized guidance.]]>On Behalf of Lutins & Pilgreen, PChttps://www.lutinsandpilgreenlaw.com/?p=480472024-02-10T01:38:10Z2024-02-10T01:38:10ZA lawyer trained in collaborative divorce
It is almost always necessary for each spouse to have their own separate legal representation during divorce proceedings. That way, each spouse has a professional looking out for their best interests. The collaborative professional, on the other hand, primarily serves to help facilitate cooperation and negotiations. Working with a neutral lawyer in addition to the attorneys advocating for the individual spouses can help with the collaborative divorce process.
A financial specialist
The more resources married couples have acquired throughout their marriages and the higher the standard of living they enjoy, the more likely they are to have challenges related to dividing their marital property and handling marital debts. A neutral financial professional, such as an accountant, can help with the analysis of the marital estate. Their input may lead to people setting terms that they ultimately feel are more appropriate.
A child advocate
Parents sometimes become so focused on their own feelings during divorce negotiations that they have a hard time maintaining clarity regarding the needs of their children. A neutral child advocate who does not have pre-existing connections with either parent can speak up on behalf of the children and help ensure that the adults in the family put together a parenting plan that meets the needs of their children.
Any professional support that makes it easier for spouses to cooperate with each other may ultimately help facilitate a lower-conflict and healthier divorce. Understanding the type of help necessary to successfully collaborate during divorce negotiations may benefit those looking to employ a lower-conflict approach.]]>On Behalf of Lutins & Pilgreen, PChttps://www.lutinsandpilgreenlaw.com/?p=480462023-12-15T01:17:50Z2023-12-15T01:17:50Zdivorcing a narcissist lies in preparation, emotional intelligence and support. It's about setting the proper boundaries, managing your emotional responses and staying focused on your long-term well-being.
Establish clear boundaries
Setting firm boundaries is critical when separating from a narcissist. Define strict limits for communication and interactions and consistently enforce them. This might mean limiting conversations to written forms like emails or texts and avoiding personal confrontations.
Keep your emotions in check
During a divorce with a narcissist, managing your emotions is essential. They may try to provoke you to gain an advantage or create drama. Staying calm and composed helps make rational decisions and control the situation.
Document everything
Keeping detailed records of all interactions, agreements and incidents is crucial. Narcissists often distort truths to their advantage, so having a clear, documented record can be invaluable in legal proceedings.
Seek professional support
Don't face this challenge alone. Engage with individuals who understand the nuances of divorcing a narcissist. Additionally, consider seeking support from a therapist to help navigate the emotional challenges and maintain your mental health throughout the process. It also helps to have friends and family members you can vent to.
Focus on your well-being and future
Getting caught up in the conflict is easy, but remember to prioritize your well-being and future. Make self-care a priority and focus on building a positive life post-divorce. Surround yourself with positive influences so you can thrive.
Ultimately, you must do what you feel is in your best interests. Regardless of your approach, tailoring your side of things to suit your needs is critical. Additionally, seeking legal guidance from an attorney who understands narcissism may help you to safeguard your interests as you move forward more effectively.]]>On Behalf of Lutins & Pilgreen, PChttps://www.lutinsandpilgreenlaw.com/?p=480432023-10-17T03:03:04Z2023-10-17T03:03:04Zequitable distribution statute.
What is fair or equitable can be drastically different from case to case. Both spouses will probably have different priorities that can put them at odds with each other. People may feel very strongly about securing certain terms during the property division process. The more people know about equitable distribution, the easier it may become to approach negotiations in a reasonable manner or better prepare a case for family court.
What assets must couples generally divide?
The first step in preparing for property division in Virginia requires that people identify their marital property. Resources including vehicles, real estate, bank accounts and personal assets are all potentially subject to division. Anything that people earn or purchase during a marriage will usually be on the table for the purposes of property division.
Even assets that people cannot directly divide, like the marital home, will be subject to division. Both spouses should receive a fair share of home equity if they purchased a house together. Assets that only one spouse wants to keep, like their wardrobe or collectibles, can contribute to the value of the marital estate as well. Locating and valuing marital property will be crucial for a fair outcome in a Virginia divorce.
What factors influence fairness?
The word equitable means fair, and each spouse probably has their own idea of what would be fair given their circumstances. Judges have to consider specific factors from a Virginia divorce when deciding how to split marital property. Those factors include the financial and non-economic contributions of each spouse, the health of each spouse, how long the marriage lasted and even the separate property of each spouse.
Overall, given how many variables are in play, it is all but impossible to predict the outcome of litigated property division matters in Virginia divorce. Reaching a mutual agreement to settle the matter outside of court may ultimately give people more control and allow them to preserve certain assets during their divorce.]]>On Behalf of Lutins & Pilgreen, PChttps://www.lutinsandpilgreenlaw.com/?p=480422023-09-22T13:39:26Z2023-09-22T13:39:26ZAccounts are usually not separate property
The mistake that many people make when considering their retirement savings for the purpose of divorce is that they view the account as the property of the spouse who started and funded the account. Given that only one person made direct contributions to the retirement account or that it relates to someone's employment, they might think they will keep the entire account and will not need to share it with their spouse when they divorce.
However, the courts will usually view retirement savings and even pensions as part of the marital estate. The money people contributed to the account during the marriage would be marital income and would therefore be subject to division under Virginia's equitable distribution statute. At least a portion of the balance will be subject to division or will influence how the courts divide other assets.
Account division doesn't have to cause penalties
The good news for those worried about dividing their retirement savings and thereby diminishing what they have set aside for the future is that they don't have to worry about losing a significant amount to taxes and penalties because of an early withdrawal. If someone were to pull money from their retirement savings account and use those funds during the divorce, there would be penalties and taxes that would apply and significantly diminish the value of the account.
Those splitting a retirement account as part of a divorce in Virginia can have a lawyer draft a qualified domestic relations order (QDRO). The proper submission of a QDRO to the person or business managing the account can lead to the penalty-free division of the account into two separate accounts, one in the name of each spouse.
Although people will likely need to share some of their retirement savings or factor in their value when dividing other assets, they won't generally have to worry about losing even more of their retirement resources to the penalties and fees associated with a pre-retirement withdrawal as long as they take certain steps. Understanding the rules that apply to someone's most valuable assets can help them better prepare for divorce proceedings in Virginia, so seeking legal guidance proactively is generally a good idea.
]]>On Behalf of Lutins & Pilgreen, PChttps://www.lutinsandpilgreenlaw.com/?p=480412023-09-19T12:41:55Z2023-09-19T12:41:55Zeffective ways to help children cope in mind, you can better ensure that they’ll emerge from this difficult experience resilient and emotionally well-adjusted.
Open and honest communication
Maintaining open and honest communication is the foundation of supporting children during a divorce. Children are perceptive and can sense tension and changes in their environment. Therefore, it’s important to explain the situation to them in an age-appropriate manner, emphasizing that the divorce is not their fault. Please encourage them to ask questions and express their feelings. Essentially, you should keep lines of communication open throughout the process to address their concerns as they arise.
Provide reassurance and stability
Children often feel a sense of insecurity during a divorce. As such, it’s essential to provide reassurance that they are loved and cared for, regardless of your separation and the changes happening in the family. Maintain routines as much as possible to help create a stable environment. This is because consistency in daily schedules, such as mealtimes, bedtimes and school routines, can help children feel secure amid the upheaval.
Shield children from conflict
One of the most challenging aspects of divorce is managing conflict in front of children. To minimize the emotional impact on your kids, try to resolve disputes with your ex-partner privately. Avoid arguing, yelling or blaming each other in front of them. Children can internalize this negativity, leading to feelings of guilt or anxiety. Instead, focus on fostering a cooperative co-parenting relationship for their sake.
Be patient and understanding
Divorce is a process that takes time, and children may need extra patience and understanding as they adjust to the new family dynamics. Be prepared for setbacks and emotional ups and downs. Avoid pressuring them to “get over it” quickly. Instead, offer your unwavering support and reassurance throughout their journey.
Supporting children during a divorce is a challenging but essential responsibility for parents. Remember that you can seek professional help when necessary to help ensure you’re not overwhelmed by the legal aspects of divorce and that you’re structuring your co-parenting journey in a way that facilitates their best interests.]]>On Behalf of Lutins & Pilgreen, PChttps://www.lutinsandpilgreenlaw.com/?p=480402023-08-19T03:48:47Z2023-08-19T03:48:46ZSelf-employment taxes
If the business is owner operated, the person who runs the company may have to make sizable tax contributions on their own behalf and file quarterly estimated tax payments with the Internal Revenue Service (IRS) and the state government. Failing to withhold enough funds for self-employment taxes and send in quarterly estimated taxes very often leads to tax debt and financial challenges for small business owners.
Payroll taxes
Even if an individual only employs one or two other people, they will need to calculate and withhold payroll taxes for those workers. There will be federal withholdings that they must keep back when issuing employee paychecks. There are also Federal Insurance Contribution Act taxes that the business itself must cover. It is very easy for employers to overlook their tax liability based on what their workers earn.
Capital gains taxes
Small businesses often make investments that they may later sell. For example, a business owner might purchase premises for their startup and then sell those facilities when they upgrade to a bigger location. When a business conducts a successful sale that results in profit, there will be tax due on the revenue generated beyond the initial investment. Mistakes when calculating taxes or retaining funds to pay them can lead to financial and legal headaches for a business in the future.
Learning about and addressing the tax responsibilities that can cause financial quagmires for small businesses may help owners and entrepreneurs make more informed financial moves given their circumstances.]]>On Behalf of Lutins & Pilgreen, PChttps://www.lutinsandpilgreenlaw.com/?p=480392023-06-21T14:23:51Z2023-06-21T14:23:51ZA parent's substance abuse may affect their rights
Especially when parents do not agree on how to share parenting time and other responsibilities for their family, judges will have to learn about family circumstances and then make a decision that would be in the best interests of the children. One of the personal factors that negatively affects someone's ability to parent is substance abuse.
Intoxication sometimes leads to impulsive behavior, which might include physical or verbal abuse of the children. Even if someone is calm while intoxicated, they may end up unconscious and unable to provide for the children's needs in an emergency. Family law judges should consider any factor that might influence the children's safety and well-being, including the substance abuse of the parents.
Mere accusations levied against one parent by the other might not be enough for a judge to limit the other parent's time with the children, but criminal charges supported by evidence, as well as a prior record of substance-related offenses, might lead to a judge questioning if one parent can meet the children's needs.
Understanding the impact that drug and alcohol charges may have on custody matters can help both a parent with a criminal record who wants to protect their time with their children and a parent worried about the addiction of the other putting their children in harm's way.]]>On Behalf of Lutins & Pilgreen, PChttps://www.lutinsandpilgreenlaw.com/?p=480382023-06-19T16:15:25Z2023-06-19T16:15:25ZSpousal support
One of the primary areas where income disparity becomes relevant in a divorce is determining spousal support, also known as alimony. In Virginia, spousal support may be awarded based on various factors, including the earning capacity of each spouse, the standard of living established during the marriage and the duration of the marriage. The parties' age, physical and mental condition may also be considered.
For example, if one spouse has been primarily a homemaker or caregiver during the marriage, or if one spouse earns significantly more than the other, the court may award spousal support to help the lower-earning spouse maintain a standard of living close to what was enjoyed during the marriage.
Division of marital property
Virginia is an equitable distribution state, meaning the court aims to divide marital property fairly, though not necessarily equally, in the event of a litigated divorce. When there is a significant income disparity, the court may consider this when dividing assets. However, the division of assets will also consider other factors like the contributions each spouse made to the acquisition and care of the marital property, the duration of the marriage and the circumstances and (possibly) factors contributing to the dissolution of the marriage.
Child support
Child support in Virginia is calculated using a statutory formula that considers both parents’ gross income, the family’s custodial arrangement and other expenses related to a child's upbringing. If there's a significant income disparity, this will influence the amount of child support awarded.
With all of this said, each divorce is different, so it’s best for anyone considering divorce to seek legal guidance in order to better understand how laws will apply to them.]]>On Behalf of Lutins & Pilgreen, PChttps://www.lutinsandpilgreenlaw.com/?p=480362023-05-11T22:17:33Z2023-05-11T22:17:33Zwhat goes into the calculations.
Your custody situation plays a big role in the calculations
Before any dollar amount of support can be fixed, custody arrangements for the children in question have to be established – because the formula takes that into account. Sole physical custody means that a child lives with one parent and only visits the other, while shared custody means that the parents each have the child for a significant portion of the year.
Once that’s established, the basic formula works like this:
The combined monthly gross income of both parents is calculated. This may be different than the gross amounts they see on their paycheck because the figure can be adjusted downward for things like support for other children or the receipt of certain government benefits.
The basic monthly child support obligation of the parents toward the children is determined according to the state table. This can be adjusted upward for things like necessary childcare and insurance cost.
Each parent is allocated a certain percentage of that support obligation based on their incomes. For example, if one parent earns 75% of the family’s income, they’d be responsible for 75% of the child’s basic support.
Finally, custody arrangements are figured into the equation. In sole custody situations, the noncustodial parent will pay child support to the custodial parent. In shared custody, which is common, the figures have to be adjusted based on each parent’s time with their child.
It's important to note that this is a highly simplified overview of the child support calculation process in Virginia and that the actual calculation may be more complex depending on the specific circumstances of a family’s situation. Seeking legal guidance can provide greater clarity to individuals who need to apply the law to their unique circumstances.]]>