Schmergel Family Law, PLC Schmergel Family Law, PLC 2026-08-24T15:24:00Z https://www.schmergelfamilylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104651/2026/07/cropped-favicon-32x32.png On Behalf of Schmergel Family Law, PLC <![CDATA[Can parallel parenting work for teen kids?]]> https://www.schmergelfamilylaw.com/?p=50172 2026-08-14T14:34:28Z 2026-08-18T08:00:13Z A teenager's life rarely fits neatly into a custody calendar. A Friday night that once meant a simple handoff may now involve a school event, a friend's birthday or a shift at a part-time job. Those changes can be healthy signs of growing independence, but they can also create friction when divorced parents already struggle to communicate. What happens when giving a teenager more freedom requires parents to coordinate more, not less?  That tension can make parallel parenting worth considering. This approach limits direct contact between parents while allowing each parent to handle daily matters during their own parenting time. It can work well when conflict makes traditional co-parenting difficult. But teenagers also need room to grow, which can make a strict plan harder to manage.

Why teenagers can change the parenting equation

Virginia courts consider a child's changing developmental needs when deciding custody. They also consider the child's relationships with parents, siblings, peers and other important people. Each parent's role in the child's life and ability to cooperate also matter. When appropriate, a court may consider a mature child's reasonable preference.  These factors can matter more as a child gets older. A teenager may have a school event during a parent's scheduled time. A job may require a different pickup time. Friends and activities may also affect when the child wants to move between homes. That does not mean a teenager should decide the custody schedule. Instead, the parenting plan can give parents clear rules for handling these changes without making the child manage the conflict.

What a workable parallel parenting plan can cover

A detailed plan can give each parent more control while reducing the need for constant discussion. It may address:
  • Schedule changes: Parents can set rules for requesting swaps or other changes.
  • Activities: The plan can explain how parents will handle sports, school events, jobs and other commitments.
  • Transportation: Clear rules can state who handles pickups and drop-offs.
  • Communication: Parents can decide which issues require joint discussion and which each parent can handle alone.
  • Teen input: Parents can create a way to hear the teenager's views without making the child responsible for custody decisions.
This last point can be especially important. A teenager may have strong views about where to spend time or how a schedule affects school and social life. Parents can listen to those concerns without asking the child to choose between them.

Finding the right balance

Parallel parenting does not mean parents stop working together on important matters. Virginia law supports frequent and continuing contact with both parents when appropriate, while making the child's best interests the central concern.  For some families, less direct contact can reduce conflict. For others, a rigid structure may create problems as a teenager's needs change. The better approach may be one that sets firm boundaries while allowing reasonable flexibility. When conflict continues to affect a custody arrangement, a Virginia family law attorney can help assess whether a more detailed plan or custody modification may fit the child's current needs. Legal guidance can help parents understand their options and build a plan that gives a teenager both stability and room to grow.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[Does Virginia require a separation period before divorce?]]> https://www.schmergelfamilylaw.com/?p=50152 2026-07-25T02:28:00Z 2026-06-25T02:27:02Z Virginia's separation requirement Virginia recognizes both fault-based and no-fault divorce. For many couples seeking a no-fault divorce, a separation period is required before the court can finalize the divorce. You must live separate and apart without interruption and with the intent that separation is permanent. The required separation period depends on your situation:
  • Six months if you and your spouse have no minor children and have signed a valid separation agreement.
  • One year if you have minor children or do not meet the requirements for the shorter separation period.
Simply living in different rooms within the same home usually does not satisfy the separation requirement unless specific legal standards are met. Because every situation is unique, it is important to understand how Virginia law applies to your circumstances.

What does "living separate and apart" mean?

Living separately involves more than sleeping in different bedrooms. Separation must reflect the end of the marital relationship. Courts may consider factors such as whether you and your spouse:
  • Maintain separate households or live independent lives.
  • Stop presenting yourselves as a married couple.
  • Manage finances separately when practical.
  • Intend the separation to be permanent rather than temporary.
If financial circumstances require you to remain under the same roof, proving separation may become more complicated. Careful documentation and legal guidance can be valuable in these situations.

Are there exceptions?

Not every divorce requires a waiting period. Virginia allows fault-based divorces based on certain legal grounds, such as adultery, cruelty, or desertion. While these cases may not require the same separation period as a no-fault divorce, they often involve additional legal and evidentiary challenges. For individuals living in Northern Virginia who work or have ties to Washington, D.C., it is also important to remember that divorce laws vary by jurisdiction. Filing requirements, residency rules, and waiting periods differ between Virginia and the District of Columbia.

Why legal guidance matters

Divorce involves more than meeting a separation requirement. Decisions about child custody, property division, spousal support, and financial obligations can have lasting consequences. An experienced family law attorney can help you determine whether you meet Virginia's legal requirements, prepare the necessary documentation, and develop a strategy that protects your interests. Starting the process with accurate legal advice may also help you avoid costly mistakes that could delay your case.

Take the next step with confidence

If you are planning a divorce in Northern Virginia or the Washington, D.C., metro area, understanding Virginia's separation rules is an important first step. Whether you expect an uncontested divorce or anticipate more complex issues, speaking with a knowledgeable family law attorney can help you understand your options, comply with state requirements, and move forward with greater confidence.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[Helping your child cope with your divorce in Virginia]]> https://www.schmergelfamilylaw.com/?p=50112 2026-06-22T14:01:55Z 2026-06-22T14:01:55Z Maintaining open and honest communication Children typically need age-appropriate information about what is happening in their family. Explain the divorce in simple terms. Do not share adult details or blame the other parent. For younger kids, this might mean simple explanations like letting them know their parents will live in different houses. On the other hand, teenagers may need more detailed information while still avoiding adult details or placing blame on the other parent. It may help to encourage your child to share feelings and ask questions. This helps them understand the changes. Many kids think they caused their parents to separate. If this happens, remind them regularly that you love them and that the divorce is not their fault.

Creating stability and routine

During big changes, maintaining consistent routines can help children feel safe. In Virginia, custody arrangements and parenting plans outline how time will be divided between parents, but the emotional consistency you provide within your parenting time is equally important. Keep regular schedules for meals, bedtime and activities when possible. This predictability can help your child feel more grounded during times of uncertainty. Work with your co-parent to set similar rules in both homes. This helps your child. If cooperation is difficult, focus on maintaining consistency within your own household. Even if you do not see eye to eye with your co-parent, demonstrating respect for them and prioritizing your child's needs is important. It proves that you are committed to your child’s well-being.

Protecting your child from conflict

Do not argue with your co-parent in front of your child, use your child as a messenger or put them in the middle of adult conflict. Speaking respectfully about the other parent, even when it is difficult, helps protect your child from additional emotional stress. It is also important to be mindful of phone conversations your children might overhear, texts or emails they could accidentally see and comments about your co-parent on social media that mutual friends or family might share with your children. Even private messages can reach your child. This can affect how they see both parents. Your child may benefit most when they can maintain positive relationships with both parents without feeling pressured to choose sides.

Seeking additional support when needed

Some children benefit from talking to a counselor or therapist who helps kids through family changes. Support groups for children of divorce are also available in many Virginia communities. These resources can provide your child with avenues to express their emotions in healthy ways. It could also help to tell your child’s teachers or school counselors about the divorce. School staff can offer additional support during the school day and alert you to any behavioral or academic concerns that may arise. Having a network of caring adults who understand what your child is experiencing can provide valuable support during this adjustment period.

Your actions can protect your child’s well-being

Helping your child through divorce takes patience, consistency and understanding. By maintaining open communication, providing stability and prioritizing your child's emotional well-being, you can help your child cope with changes in their life and move past the divorce.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[3 common mistakes to avoid during the Virginia divorce process]]> https://www.schmergelfamilylaw.com/?p=50099 2026-05-26T12:52:16Z 2026-05-26T12:50:36Z Making decisions based on emotions rather than facts Divorce can bring feelings such as anger, sadness and fear. These emotions are normal. But making decisions based on emotion instead of facts can hurt your future. You might feel tempted to fight over every asset out of spite or refuse reasonable settlement offers simply because you want to punish your spouse. However, Virginia follows equitable distribution laws. Courts generally divide marital property based on fairness, not a 50-50 split. Fighting over every item may cost you more in legal fees than the assets are worth. Take time to calm down before making major decisions. Some people find it helpful to work with a therapist or counselor who can provide emotional support. When you approach negotiations with a clearer head, you may have an easier time making smarter, more informed decisions.

Hiding assets or providing incomplete financial information

Virginia courts require full financial disclosure from both parties during divorce proceedings. You may think hiding assets or income will help you. However, this may backfire. Virginia courts can impose sanctions, award attorney's fees to the other party or even adjust property distribution against you if they discover you conceal assets. Gather records for all assets, debts, income and expenses. In Virginia divorce proceedings, this typically includes:
  • Bank statements from the past 12 months
  • Retirement account statements
  • Investment portfolios
  • Property deeds
  • Tax returns from the past three to five years
  • Documentation of any separate property you owned before marriage
Virginia law distinguishes between marital property and separate property. Marital property includes assets you acquire during your marriage. On the other hand, separate property includes assets you owned before getting married and own solely. Proper documentation is essential to prove which category applies to each asset.

Neglecting to consider the tax implications

Many people going through a divorce focus solely on the immediate division of assets without thinking about future tax consequences. Some assets cost more in taxes than others. A settlement that looks equal may not be equal after taxes. For example, retirement accounts and real estate may have significant tax implications when liquidated or transferred. You might want to consult with a financial advisor or tax professional who can help you understand how various settlement options will affect your tax situation in the coming years.

Your knowledge can protect your interests in a divorce

By approaching your divorce with careful planning and informed decision-making, you can reduce unnecessary conflict and protect your long-term interests. Taking the time to understand the legal, financial and emotional aspects of the process may help you start anew after separating from your spouse and explore new opportunities moving forward.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[Can your spouse claim ownership of your business in a divorce?]]> https://www.schmergelfamilylaw.com/?p=50068 2026-04-28T13:55:58Z 2026-04-28T13:55:58Z You spent years building your business before you ever said your vows. Now that your marriage is ending, you may wonder if all of that work is suddenly at risk. Virginia law does recognize a difference between what you owned before the marriage and what belongs to both spouses, but that line is not always where you would expect it to be. The details of how your business operated during the marriage matter more than most people realize.

How Virginia law draws the line between your business and your marriage

Virginia follows an equitable distribution model when dividing property in a divorce. Under this model, a court will first classify each asset as separate property or marital property before deciding how to divide it; some assets may contain both separate and marital components. A business you founded before your marriage generally starts in the separate property category. That classification is a strong starting point, but it does not guarantee the business stays fully in your column. State courts look at both the origin of the asset and how you treated it throughout the marriage. A business can begin as separate property and shift over time based on what happened after the wedding.

The details of your marriage that can put your business at risk

Virginia courts examine the full history of how your business and your marriage intersected. Several specific factors can create a basis for your spouse to claim a share of a business you built on your own:
  • Using marital income or joint funds to grow or sustain the business
  • Direct contributions your spouse made through labor or financial decisions
  • Indirect contributions your spouse made that gave you more time to focus on building
  • Active appreciation, meaning growth resulting from marital efforts rather than market forces alone
  • Commingling your business finances with personal or marital accounts
Even one of these factors can give your spouse's attorney an opening. The strength of your position depends on how clearly you can trace what was yours from the start.

What comes next is just as important as what came before

Building a business takes years of sacrifice and focused effort, and protecting it in a divorce requires the same level of care. In Northern Virginia, professional practices and business assets appear in divorce cases regularly. The specific details of your situation shape the outcome. Legal support that understands both Virginia law and the real stakes of your case can make a meaningful difference in how your divorce unfolds.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[Can my spouse claim part of my inheritance during divorce?]]> https://www.schmergelfamilylaw.com/?p=49681 2026-04-06T07:59:33Z 2026-03-30T18:25:20Z When your inheritance becomes marital property Virginia courts recognize inheritance as separate property. However, you can accidentally convert it into marital property through a process called commingling. Commingling happens when you mix inherited assets with marital property, making them impossible to separate. For example, if you deposit $100,000 you inherited into a joint checking account and then use that account for household expenses over several years, you've commingled those funds. The longer these mixed assets remain commingled, the harder they become to separate during divorce.

Why joint accounts endanger your inheritance

Depositing inherited money into shared accounts creates serious risks during divorce:
  • Ownership questions: Money in joint accounts legally looks like it belongs to both spouses
  • Hard to trace: You can lose the clear paper trail proving which money came from inheritance versus marital income
  • Growth issues: Interest earned from inherited money in joint investment accounts usually becomes marital property, too
  • Limited records: Regular bank statements may not provide enough proof for court anymore
More importantly, courts may view your decision to use a joint account as evidence you intended to share that inheritance with your spouse.

How to keep your inheritance yours

The best protection starts with keeping inherited assets completely separate from marital property. Open a bank account in only your name and deposit inheritance funds there. Then, make sure to avoid using this account for joint expenses of any kind. Keep detailed records showing the source of your inheritance, including wills, estate documents and bank statements. If you receive property as inheritance, keep the title in your name alone.

Protecting what your loved one left for you

Your inheritance can stay yours alone if you handle it carefully throughout your marriage. Before filing for divorce, review all your inherited assets and document their separate status. Even if you're already in the middle of divorce proceedings and worry you've commingled funds, there’s still hope. An experienced family law attorney may help you trace assets and possibly recover at least a portion of your inheritance.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[4 hidden costs in high-net-worth divorce cases]]> https://www.schmergelfamilylaw.com/?p=49684 2026-04-06T07:59:41Z 2026-01-14T20:08:18Z High-net-worth divorce requires a different level of financial awareness. In addition to legal fees, hidden costs tied to taxes, asset valuation and long-term planning can significantly affect your outcome. Knowing what to expect under Virginia law helps you protect what you have worked to build.

Understanding high-asset financial complexities

Dividing property in a high-net-worth divorce can be complex. In Virginia, courts follow equitable distribution law. They look at the length of the marriage, help with the family and each spouse’s career. They also consider education and other factors. Virginia law separates property you share from property you owned before marriage. Separate property includes assets you owned before marriage or received as gifts or inheritance. Courts treat separate property as marital if you mix it with joint property. They also consider separate property marital if you use it for joint purposes. Even assets like retirement accounts, stock options or a family business can have hidden costs. Knowing the rules early helps you protect your interests. It also helps you plan strategically.

What to budget for beyond legal fees

Even if you plan ahead, some expenses still surprise clients. These costs go beyond legal fees and can affect your money. Common hidden costs in Virginia divorces include:
  • Forensic accounting and valuation fees: These costs may arise when valuing businesses, investment portfolios or stock options to ensure assets are properly identified and divided.
  • Tax implications from dividing assets: Certain transfers can trigger capital gains or tax liability, especially when dealing with investments or deferred compensation.
  • Lifestyle adjustments or support-related expenses: Changes in income or household structure may require financial adjustments to maintain a similar standard of living.
  • Legal and other professional fees tied to complex agreements: Additional costs can arise when reviewing or enforcing prenuptial agreements or complex property arrangements.
Each of these items can add thousands to your total divorce cost. Knowing them in advance lets you plan and avoid last-minute stress.

Planning for a smoother financial transition

Taking proactive steps can make a significant difference in protecting your finances. Keep detailed records of your assets and contributions and review how Virginia law classifies each property type. Professionals may also help you understand and handle complex valuations. In high-asset divorces, financial outcomes are shaped long before final decisions are made. Recognizing where costs can arise gives you greater control over the process and helps preserve long-term value.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[How to update a child custody order in Virginia]]> https://www.schmergelfamilylaw.com/?p=49686 2026-04-06T07:59:44Z 2025-12-15T06:55:49Z When can I modify my custody order? Under Virginia law, there are two conditions that must be met before either you or your ex can file for a custody modification request. The first condition is that the request must be in the best interests of your child. For the second condition, the requesting parent must have proof of a material change in either theirs or their child’s circumstances. These changes may include:
  • When you or your ex moves to a new state
  • When you or your ex experiences a significant change in your financial situation
  • When there is a shift in your child’s educational, medical or emotional needs
  • When there is evidence of substance abuse or neglect in either household
Since the Virginia courts review the cases on an individual basis, your request may take several months of assessment and completion.

How can I file my modification request?

To file your modification request, fill out the “motion to amend or review order” form with the state’s juvenile and domestic relations district court. After submitting your petition, you must serve your ex with a copy of the document. The court will provide them with an allotted period to respond, where they will have a fair chance to present their side during your scheduled hearing.

For your child, you can do anything

By understanding your rights and following the proper legal timeline, you can pursue your intended change with confidence and attend your court hearing with familiarity of the processes.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[Arlington Magazine’s 2025 Top Attorneys]]> https://www.schmergelfamilylaw.com/?p=48935 2026-07-08T05:07:19Z 2025-10-21T20:38:38Z Sean Schmergel is recognized for his expertise in family law and divorce. Dennis is recognized for his expertise in criminal offenses and traffic violations. Click here to read more about the firm in Arlington Magazine!   ]]> On Behalf of Schmergel Family Law, PLC <![CDATA[Divorce issues that easily escalate among high-net-worth couples ]]> https://www.schmergelfamilylaw.com/?p=48872 2026-04-06T07:59:47Z 2025-09-12T03:40:15Z Divorce is often an emotionally draining and complicated process, but when it involves high-net-worth couples, the stakes and challenges tend to be far greater. With more assets on the line, disputes can quickly escalate into prolonged legal battles. Unlike divorces where financial matters may be straightforward, wealthy couples must contend with dividing international holdings or even family-run companies, each of which can spark conflict.  Understanding the unique factors that drive these divorces is vital to helping ensure that conflicts do not spiral out of control. By identifying the issues that most frequently escalate among wealthy couples, spouses can better prepare for the process, reduce unnecessary hostility and work toward fair resolutions. 

Division of complex assets

One of the main challenges in high-net-worth divorces is dividing complex assets. Unlike standard cases where property and savings may be relatively straightforward, these divorces often involve: 
  • Multiple homes
  • Investment portfolios
  • International accounts
  • Luxury items 
Determining the value of these assets requires expert appraisals, and disputes frequently arise when one partner feels valuations are inaccurate or unfair. 

Business ownership disputes

Many high-net-worth couples have business interests jointly owned or managed by one spouse. Deciding how to divide or compensate for these interests often becomes contentious during divorce proceedings. For a business-owning spouse, keeping control of the company may be a priority, while the other spouse may push for an equitable share of its value. This can involve lengthy negotiations, forensic accounting and sometimes the forced sale of assets. 

Spousal support disagreements

Because one or both spouses are accustomed to a certain lifestyle, negotiations about ongoing financial support can quickly escalate. The paying spouse may argue that the other partner has the means to maintain themselves, while the recipient may insist that support is necessary to sustain the lifestyle built during the marriage.  Divorces involving high-net-worth couples present unique challenges that can escalate quickly if not managed properly. By approaching these matters with transparency, hands-on legal guidance and a willingness to compromise, couples can help ensure a smoother transition and protect both their financial and emotional well-being. ]]>