From the time a couple separates and at least one spouse begins the divorce process until the divorce is finalized, a lot of unexpected events can occur. One of those events could be the death of either you or your spouse. If the deceased spouse had a valid will in place, then the will, subject to some exceptions (namely the elective share rule discussed below), controls who should receive what, regardless of the Read More
What Are the Residency Requirements for a Virginia Divorce?
Moving from state-to-state and divorce often go hand-in-hand. Sometimes, couples move to a new state to try and make a fresh start only to find that their differences have followed them and they are ready to move on. In other cases, one spouse may leave the marital household and go to another state, either temporarily or permanently, to go live with a family member or other person to figure out next steps or start a Read More
How to Change Your Name After a Divorce in Virginia
Two of the more common questions on a person’s mind when getting a divorce - especially a woman who took her spouse’s last name in a marriage but also men who may have hyphenated their last names with their spouse’s - is whether to change their name back to their pre-marriage name and how that is accomplished. Some people have built a professional and/or community identity on their current name or simply have no wish Read More
Can Alimony Be Terminated in Virginia When an Ex Cohabitates With a New Partner?
Spousal support, or “alimony” as it is often called, can be awarded in a Virginia divorce matter in a variety of payment structures: it can be awarded in a lump sum; it can be awarded in periodic payments for a specific duration (e.g. 3 years); or it can be awarded in periodic payments for an undefined duration. When alimony is awarded in periodic payments, the person paying the alimony can generally cease paying the Read More
How Is Your Retirement Affected By Your Divorce?
At the same time that divorce rates go down for younger Americans, they are on the rise for older adults. Because older couples have had more years to build up financial assets, this can often mean that there is more financially at stake in divorce, and judges presiding over marriages of longer duration are more likely to order that alimony be paid for longer periods of time. And if retirement is on your horizon, Read More
Religion and Child Custody in Virginia: Who Gets to Decide?
For many parents going through a divorce, being able to guide the religious upbringing of their children is a major concern. This is especially the case when the parents are of a different faith, or one parent is opposed to the child being exposed to any religious teaching or community. This can, of course, be challenging for the child as well, who may be getting conflicting perspectives on faith from each parent. Read More
What Are Some Ways To Make the Divorce Process Easier?
“Divorce” and “easy” are usually not words spoken together in the same breath, and it’s not surprising that this is the case. After all, divorce involves huge emotional, financial, and lifestyle changes: moving out into a new residence, leaving the partner you’ve been with for years for uncertain territory, establishing changed relationships and living situations with children, and adjusting to new financial Read More
Do You Need an Attorney for an Uncontested Divorce?
When it starts to become clear that your marriage is headed for divorce, even an uncontested divorce, you may find yourself facing a whole range of challenges. You might be worried about what’s going to happen to your finances following the divorce, how this decision will impact your relationship with your children, where you will be able to turn for emotional support, or how you will cope with the loss of your Read More
What is the Difference Between Legal Separation and Divorce?
“Separation” is one of the most commonly misunderstood and misused words in the area of divorce and family law. Couples often will describe themselves as “separated” when legally they are not considered to be separated. To be legally “separated” in Virginia, various elements must be met that often require more of the parties then they may expect. Below, we will discuss the various meanings of the term separation - Read More
Should I Get a Divorce or an Annulment in Virginia
Deciding to end a marriage is never an easy decision. When the time comes to part ways, emotions can take over, and making decisions can seem overwhelming. In some instances, people may wish that the marriage had never happened in the first place. That’s typically when words like annulment start being tossed around. While an annulment has the function of making a marriage disappear rather than merely terminating it, Read More
