Going through divorce can be an emotional and painful process. You might be anxious about what will happen to your assets, particularly the marital home, once your divorce is finalized. Virginia divorce laws identify what property may be subject to equitable distribution between the two of you, and what property may remain separate. Continue reading …
There are a lot of things to accomplish when you are going through divorce and starting your new separate life. Step 1: Safeguard Your Credit One of the most important steps you can take is to safeguard your credit. You want to think about getting a new credit card in your name so that you …
At Melone Hatley, PC, we understand that going through divorce is never easy. However, there are some steps you can take today to ease the burden and properly plan, so you don’t have a long-drawn-out process. Here is a list of 10 things we think is crucial to help you: 1. NEVER Threaten Divorce Until …
The end of matrimony can be a stressful, unpleasant time that can do irreparable damage to relationships and even your personal psyche. Sometimes, however, it can also be a time for celebration if one manages to escape an abusive spouse. Either way, it requires hours of paperwork and can be time-consuming, particularly if the divorce …
In Virginia, a parent who does not have primary physical custody of their child generally has a duty to pay child support. This duty can arise from either one parent filing in court for child support or from filing with the Division of Child Support Enforcement (DCSE), for a determination and entry of an administrative …
In any custody case, parents may want the court to hear directly from their children. The children can provide information about the parent’s relationship, any abuse they have experienced, and other relevant events for the court’s consideration. In family law we often have one party’s word against the other – and the only other potential …
It’s more than a feeling … your spouse stays out late, “at work,” when they’re at home they’re distracted and on their devices … they have a “friend” who is just a little too close. You know something is wrong, but could you prove it in court? Virginia makes getting a divorce based on adultery …
Unfortunately, for many people, some of the biggest mistakes that they make in their life come about during a divorce. The divorce process is unfamiliar, stressful, and often painful. There’s a lot at stake. Often, people settle for less than they deserve because of a long, drawn-out battle. In many cases, they fail to realize how …
Put simply, a Grey Divorce, is any divorce for individuals over 50 years old or for individuals who have been married for more than 25 years. Having done Grey Divorces for several years, what I found online was a lot of vague descriptions and misinformation. In reality, a Grey Divorce operates similarly to any other …
Even after your divorce case is final, the work may not be done. Our clients are often surprised that everything may not be over just because the divorce has been signed. The emotionally draining process of exchanging information, settlement negotiations, and even trial may only be the beginning. Common Issues After Divorce Vague or inexact …
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 …
