Filing for divorce is never easy, but if you have a child that is in high school or considering college, one additional question that you and your spouse must answer during this process is how to pay for your child’s college expenses. States differ on their rules regarding child support for college, and Virginia laws are not particularly helpful in this situation. However, you have other legal options to help Read More
What to do About Custody, Visitation, Property, and Other Issues While the Divorce is Proceeding
Filing for divorce can be a lengthy process in Virginia, even if the spouses agree to a no-fault divorce. Sometimes, divorce cases can drag on through the court system for years, but in many cases there are real issues that need to be resolved immediately while the case is going through the courts. Virginia law allows for a family law court to issue “pendente lite” orders to address immediate needs of custody, Read More
What Happens to Student Loan Debt in a Virginia Divorce?
During a Virginia divorce, both the assets and debts of the spouses are totaled and split. This can include student loan debt, which many people in Virginia have incurred and are still paying off when their divorce is initiated. What happens to that student loan debt in the division of assets and debts during a divorce? Who is responsible for the payments? Like most other states, it depends on the situation of the Read More
What to do if You Believe Your Spouse is Trying to Hide Assets During Your Virginia Divorce
When spouses divorce in Virginia, the courts use a process known as equitable distribution to split their assets between them. A number of factors are considered by the courts when dividing assets, but sometimes a spouse will try to hide assets in order to avoid the equitable distribution process. A recent study showed that more than three in 10 married adults have been deceptive with their spouse about money during 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
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
Is My Spouse Entitled to Inherit From Me During Divorce in Virginia?
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
How to Find Out If There Are Hidden Assets in Your Divorce
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 nonmonetary contributions of both spouses. Some spouses try to hide or disguise assets to keep them from being divided with the Read More
