Division of marital property is a commonly contested issue in divorce. Virginia law calls for “equitable distribution” of property, which means dividing the marital assets fairly. A court will consider various factors when deciding what is “equitable,” one of those being the monetary and nonmonet...
A protective order is a legal document issued by the court. Any person who is a victim of an act of violence, act of force, or who has been subjected to threats of bodily injury, sexual assaults or death, must ensure that a Virginia Protective Order is issued as quickly as possible. Although a Pr...
Generally, it is better when divorcing spouses can settle their issues between them rather than leaving decisions in the hands of the court. Nevertheless, it is not always easy to come to an agreement, particularly when the issue being decided is custody of your children. Child custody mediation ...
Attorneys ask questions for a living – lots and lots of questions. There is nothing at all unusual about you asking your own questions before you trust a lawyer with your case. Although this is not a comprehensive list, below we've outlined several questions to give you insight into whether a pro...
According to Forbes Magazine, divorce may actually be dirtier than we previously imagined. A recent survey showed that one in three Americans (31%) admit to lying to their spouses about money, and that is while they are still combining their resources! Imagine the subterfuge as a divorce commence...
Who will receive primary custody of your children after your divorce? This question and questions like it are far from academic. It is difficult to eat, sleep, or even think straight until you know where your children are going to reside. Virginia does not automatically favor either the mother or...
There is a no more contentious topic on the face of the Earth than children, particularly as their parents struggle with custody decisions. In an effort to find some sense of resolution, courts frequently require divorcing or separating parents to attend child custody mediation. Mediation can be ...
Unfortunately, in a high net worth divorce, hidden assets are common. Hiding can be done slyly and creatively. An employer may delay payment of a bonus. Assets may be surreptitiously transferred to friends or relatives. It may appear that money has been paid for business services or goods that in...
As the saying goes, life is not fair. Often, neither is a high net worth divorce. Even if you and your spouse hammer out a financially equitable split of the diverse assets you own, the divorce's unpredictable emotional effects aren't as easily compartmentalized and distributed. Whether you caugh...
No matter how big your house is or how diverse and flush your portfolio, nothing can prepare you fully for the stress and grief of divorce. The process unleashes powerful emotions and leads to fighting and resentment, even when both parties agree that parting is in their best interest and even wh...
Child custody can be one of the most contentious issues during the divorce process. Even when both parents want to collaborate and develop solutions that will protect children from harm and meet each other's scheduling needs, issues can erupt that can complicate the process and lead to heated dis...
When both parties in a divorce proceeding are unable to agree on at least one issue, the matter is known as a contested divorce. In many cases, it is better to attempt to settle a divorce outside of court. However, in many instances that is easier said than done. Fortunately, Virginia law allows ...
When marriage is no longer an option for couples with children, making child visitation an optimal situation should be a top goal for both parents. Even the most good-natured children can find living with a visitation schedule a difficult thing to handle. Divorced parents should follow the follow...
If you are in the process of filing for divorce in Virginia, you need to understand the laws regarding spousal support. In Virginia, spouses have a duty to provide financial support for each other, but also to provide financial support for themselves. Spousal support in Virginia is an award for f...
Like any other legal process, getting a divorce costs money. The full price of the process, however, largely depends on the individual case. Consider the following costs associated with divorce in Virginia: Legal Fees and costs In most cases, attorneys bill by the hour. This means that for every ...
Parents are obligated to provide financially for their child regardless of whether they are in their care or not. Both parents should try to work together to establish an amicable child support agreement outside of the courts, if possible. If the parties cannot agree, the custodial parent may fil...
If you are in the process of filing for a divorce in Virginia, you need to be aware of how Virginia family law can affect how long it takes for things to be finalized. Certain situations will determine how long it takes for your divorce to be finalized. Filing for Divorce in Virginia In Virginia,...
Will dating while my divorce is pending be a problem? This is probably one of the most common questions heard by divorce attorneys. The answer is not a definitive yes or no. While you are free to associate with whomever you choose, it could affect the outcome of the case. Strategic Reasons Not to...
In Virginia, divorcing couples use a quitclaim to give complete ownership to the spouse who was awarded the home and to remove the other spouse's name from a real estate title. However, it is vital to understand that removing all rights of ownership doesn't release you from liability for the mort...
When does the payment of spousal support end in Virginia? This is a common question among divorcing couples. Length of Time for Spousal Support Spousal support, whether court ordered or agreed to by the spouses with the help of a Virginia spousal support lawyer, can be paid in a lump sum or perio...
Your life has changed, and now it's time to reinvent it on your terms. You can make powerful post-divorce changes that will put you on the path to happiness and prosperity. Complete your divorce this year. If you're hoping for a reconciliation, it's time to get clear on whether you both w...
When a single-income couple is facing divorce after a long marriage, the non-working spouse can request spousal support. It is also awarded in circumstances where both spouses are employed but have significant differences in their incomes. Indefinite spousal support is a form of spousal support t...
Divorce is never easy and some circumstances are worse than others. However, there are divorce alternatives in Virginia that can offer divorcing couples a different, and sometimes better, method to obtain a divorce. Two examples include mediation and an uncontested divorce. Benefits of Mediation ...
Divorcing couples are faced with many issues, including legal questions about property, such as who will retain possession, and dividing liability, equity and payment of the mortgage loan. These questions have serious legal and financial implications for both spouses. There are a variety of metho...
If you are considering a Virginia divorce, you should understand that the more divorcing couples argue over minor things, the longer the Virginia divorce process will take. To help you move through the process as speedily as possible, here is a list of factors for consideration. 1. Residency. At ...
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