Sometimes co-parents are able to work out terms and schedules without court involvement. In these cases we are often asked – “Do I still need an attorney?” It’s always advisable to have an attorney review or draft your agreement to fill in any vague terms, ensure statutory requirements are met, and to plan for the …
In any divorce or separation involving children, it’s important that the children understand what is happening and parents address their concerns at each stage. No matter their age or maturity level, every child will have some anxiety about the process and changes impacting their daily life. When you are going through the divorce process it …
If you and the other parent do not agree on a big decision, it can lead to serious issues. Whether you are divorced or not, making decisions regarding your child is generally a joint obligation. Most of these decisions are small, like going to the dentist. Some decisions can have major consequences. An example of …
Families with individuals with exceptional needs will face additional challenges in navigating separation and divorce. Some challenges the courts are equipped to handle, and others are severely lacking. In an ordinary custody and visitation case, the court will look to the “status quo” for the family. Most often, one parent has been the primary care …
Mistake #1: Waiting Too Long to Get a Divorce. Even as a divorce lawyer, I never want to advise people to rush into divorce; however, we see time and time again the mistakes that good people make when they try to stay in a broken relationship. If you know your marriage is over but just …
For couples that were facing separation and divorce before the stay-at-home order, Executive Order 55 added complication to the separation process. In order for couples to divorce based on separation in Virginia, they must have been living separate and apart for 6 months or 1 year before filing, depending if they have minor children or …
Is Mediation Right for My Case? The divorce process can be unfamiliar, stressful, and painful during an already difficult time in your life. Facing the legal system for the first time while dealing with personal affairs can add complication. Cases that go through litigation often take months, or even years before they are resolved. Along …
The Commonwealth of Virginia has the second largest military population in the United States. In 2008, the legislature enacted the Virginia Military Parents Equal Protection Act, which addresses the concerns of deploying parents regarding custodial and visitation decisions. The Virginia Military Parents Equal Protection Act defines who is considered to be a deploying parent, including not …
President Trump signed the new tax reform bill December 22, 2017. Among the many changes to tax law, the final bill eliminated the tax deduction for spousal support or alimony payments. In the Commonwealth of Virginia, alimony, the legal obligation imposed on a person to provide financial support to their spouse after marital separation or …
In Virginia, a married couple’s assets and property are generally divided into two categories: marital (also referred to as joint property) separate property Marital property is property and income that is acquired or received during a marriage by either spouse, regardless of whose name is on the title. This includes earnings, retirement contributions, homes, cars, …
After a lot of soul searching, you’ve decided it’s time to file for divorce. Now you have another big decision on your hands, choosing the right divorce attorney. This decision will likely be one of the most important in your life. Therefore, you need an effective plan to follow in order to select the right attorney …
Your divorce is final, assets have been divided, child support, custody, and spousal support have been determined, and you’re ready to move forward with your life. But you’re not quite done yet. The final step in your divorce is an appointment with your estate planning attorney. The estate plan you created with your ex-spouse during your marriage …
We’ve all heard the term probate, or that a will has to go through probate. But, what exactly does the term mean, what is involved once probate begins, and how does it affect beneficiaries? Probate is the official way that an estate gets settled under the supervision of the court. In the Commonwealth of Virginia, …
Spousal support can be a major aspect of divorce cases in Virginia. The court may order temporary support while the case is pending and may order time-limited or even permanent spousal support at the end of the case. Spousal support, also known as alimony or maintenance in other states, is not to be confused with child …
Keep the Money, and Run! In a recent case, the Virginia Supreme Court allowed a divorced wife to keep almost $63,000 worth of survivor benefits wrongfully paid to her by OPM. Read more. Read the opinion here: Emond v. Office of Personnel Management (CAFC No. 2016-1227 (nonprecedential), 4/8/16
What happens to child support when one parent switches careers or quits their job? Guideline Child Support Every parent has a duty to support their children, whether or not they are employed. When parents divorce or separate, one or both may petition the court for child support. The court will order both parents to provide …
Spousal support is a form of monetary support paid to the more financially dependent spouse and is based on a number of factors, including length of the marriage and financial ability of each party. The terms “spousal support” and “alimony” (also “maintenance”) are generally used interchangeably. While the court may or may not award spousal …
