As family law attorneys, we know that most people don’t dream of the day when they get to consider hiring a divorce lawyer (although some are certainly more eager than others). When people think of hiring a lawyer, they think of the expense, of having a stranger potentially learn about financial and emotional details in their lives, and the possibility that hiring an attorney might make their partner upset or feel Read More
Does Hiring a Divorce Attorney Make Things Better or Worse?
It’s a refrain you hear both in real life and in the movies and TV when the topic of a pending divorce comes up: “no lawyers.” As lawyers ourselves, we are certainly familiar with the concept that, for some people, the idea of lawyers conjures up a less-than-flattering image of vultures swooping into an already challenging scene and just making things worse. The goal of “no lawyers” can be a tempting option for Read More
Do I Have to Split My Pension/Retirement Benefits With an Ex-Spouse Who Remarries?
Divorce brings with it a lot of surprises, to say the least. The personal trials and changes that come with divorce are, of course, often quite profound and challenging, but, even aside from the emotional adjustment to new events, Virginia divorce law involves many facets that come as a pleasant surprise or rude awakening, depending upon one’s perspective and situation. One issue that often involves unexpected Read More
Does a House I Already Owned Get Divided in a Virginia Divorce?
It is common for spouses in Virginia - especially those on second marriages or who get married later in life - to live in a house that was purchased by one spouse prior to the marriage and, after which, the other spouse moved into the same house. But what happens if the spouses divorce - does the spouse who moved in have any right to ownership interest in the house after the divorce? Separate and Marital Property Read More
4 Mistakes to Avoid in a Virginia Divorce That Could Affect Custody
For many parents, the most stressful and emotional aspects of a divorce relate to worries about their ability to maintain a close and loving relationship with their children, both through the divorce and afterwards. We want to do everything we can for our children, and we want to be there for them in the years to come. But the worry over having that relationship strained or impeded by the divorce can cause parents to Read More
Supreme Court Rules Disability Benefits Should Not Be Divided in Military Divorces
In most cases, getting a divorce is a matter of purely state law, but that is often not the case with regard to so-called “military divorces” in which at least one spouse is a current or retired member of the military. Because much of the ongoing income that such individuals receive comes straight from the federal government, federal law impacts how such income should be distributed among divorcing spouses, Read More
Should I Talk to a Lawyer if Facing Divorce in VA?
When a person is facing the prospect of divorce in Virginia, sometimes he or she does not feel like reaching out to a family law attorney to discuss the matter. There are many reasons why this hesitation to speak with a lawyer might be the case, but common reasons include: Fear that talking to a lawyer will antagonize the other spouse Worry that talking to an attorney will somehow make the divorce become Read More
5 Questions to Prepare for Divorce Mediation
Mediation can be a great way for divorcing couples to work out their differences and reach an amicable resolution without arguing their issues in a public, costly, lengthy, and dramatic courtroom battle. When couples work with a divorce mediator, the mediator will guide the two spouses towards mutually beneficial agreements on issues such as property distribution, alimony, child custody arrangements, and visitation. Read More
Tips on Protecting Your Assets When Filing for Divorce
The moment a spouse files for divorce is one often overwhelmed with mixed emotions, which can include grief at the end of a relationship combined with optimism for a better future. But whatever your emotions are, it is critically important for you to make sure that you are taking the steps to protect your assets before you or your spouse take actions which can significantly damage your financial picture after a Read More
Why is Divorce More Common During the Start of the Year?
Because divorce in the United States is conducted within 50 different state family court systems involving nearly two million spouses a year, it can be difficult to track reliable statistics regarding the issues and steps leading up to the start of a divorce action, much less a consultation with a divorce lawyer. This is especially the case when the majority of states allow for “no fault” divorces which do not Read More
