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
FAQ About Divorce Mediation in Virginia
While the drama of movies such as Kramer v. Kramer and its progeny have helped perpetuate the myth that divorce is inevitably a knock-down-drag-out zero-sum-game battle between formerly loving spouses, the reality is that most people entering the divorce process want to work through it with as little drama and strife as possible. There are certainly pitfalls along the way to achieving that result, as divorce does Read More
Big Changes Coming to Spousal Support (Alimony) Taxation in 2019
Much attention has been given to the corporate and individual tax rates that have been cut as a result of the new tax bill signed into law by President Trump in late 2017. But one of the most significant yet less discussed provisions of the new tax law is the changes to taxation for spousal support (or “alimony” as it is often called), which affects both the person paying the spousal support and the person receiving Read More
Do I Need a Divorce Lawyer If We Agree on Everything?
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 in 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 “real” 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
