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

The Age of the Prenup: 5 Reasons Millennials Are Signing on the Dotted Line

A recent survey by the Academy of Matrimonial Lawyers found that family law attorneys nationwide are seeing a significant increase in the number of millennials seeking prenuptial agreements before walking down the aisle, with some attorneys saying they’ve seen 400% increase in demand from younger spouses-to-be. Long associated with wealthy individuals entering into successive marriages, more and more young people who 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

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

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 to Obtain a Protective Order

When you married your spouse, you probably never imagined that the day would come when that person would present a threat to you or your children. Unfortunately, sometimes these situations arise and people are left with few options on how to improve or resolve the issue. You may try reasoning with your spouse and perhaps even calling on family, friends, therapists, and clergy for advice and intervention. As good as 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