Martinsburg West Virginia Family Law Blog

Divorce is not something that couples always handle well. Tensions run high, especially when there are custody issues. The holidays are generally a happy time of the year, but for those in the midst of a divorce, it can make an already stressful situation worse. How can divorced or divorcing parents get through the holiday season with shared custody?

You may have a solid co-parenting plan and shared custody arrangement in place, or you may just be getting started with your divorce. In either case, it is a good idea to think about ways you can handle visitation throughout the holiday season.

Many high-paying jobs mean great salaries but may come with costs such as stress and time away from home - costs that offset the higher earnings in some ways. So, it makes sense that many spouses decide together that one of them will take a lower-paying job that allows for more work-life balance.

However, if you two are going through a divorce, and you have been a stay-at-home parent, you could be worried. Maintaining your standard of living and the children's standard of living afterward might be difficult, so can you request that your ex-spouse take on higher-paying work similar to the employment he or she quit a few years ago?

Domestic violence is a matter to be taken seriously. The statistics from NCADV are shocking; in West Virginia, domestic violence is connected to one-third of homicides. Of women who are killed, someone close to them committed the crime in about two-thirds of cases. As for male victims, about a quarter of men in the United States have been the target of a partner's violence.

So, it can be disheartening to be accused of domestic violence when you are going through a child custody battle. Even more frustrating is when the accusation is false, which happens more often than not. Judges have their work cut out for them trying to determine which accusations are real and which are not because the consequences can be so devastating.

You are in the middle of the divorce process and get charged with a crime. It could be DUI, assault or something else, but it is your first criminal charge.

One of your concerns may be whether you need to tell your soon-to-be ex-spouse. After all, you should be innocent until proven guilty, right? There is no right answer to the question of whether to tell your spouse, so always follow the advice of your attorney. You may have the same person representing you for your divorce and criminal charge, or your counsel may be separate people. The recommendations may differ depending on the situation.

Criminal records are public information and it is likely that your ex will find out eventually. If you withhold the information and it is pertinent to your divorce/custody case, the family court judge may look unfavorably on you in the future for not fully disclosing the facts during litigation. However, these decisions must be made on a case-by-case basis and you should always speak with your legal counsel before disclosing the charges to other parties, including your ex-spouse.