Determining the right court for a military divorce can be a complex issue. Couples may have multiple states to choose from, and exploring those options is one way for servicemembers and their spouses to protect their rights. Who has jurisdiction over your divorce? Military life often includes frequent relocations and...
Helping Create Your Path To A Better Tomorrow
Blog Category | Divorce
Is my divorce uncontested?
“I think my divorce is uncontested but I’m not sure. What do you think?” This is a common question asked by individuals facing divorce. The answer is often straightforward, but let’s dive in a bit deeper. What makes divorces take “forever” isn’t whether the parties agree or disagree about getting...
What does it mean to be “separated” in Virginia?
As most individuals in Virginia who are contemplating divorce, you’ve probably done a bit of internet research and found out that in Virginia you have to be “legally separated” before you file for divorce; six months if you don’t have children and have a written separation or twelve months if...
Will you always need to pay alimony?
Alimony has its benefits for the spouse who stayed at home. However, if you are the paying party, continuing to financially support your ex might not be the most exciting thought. When you understand spousal support and how to manage your obligations, you can determine a good strategy going forward....
Managing the situation when your ex refuses to co-parent
Co-parenting after a separation or divorce is not always easy. It demands a great deal of patience, understanding and cooperation from both parties involved. Unfortunately, there are situations where one parent refuses to participate effectively in the process, making the task significantly more challenging. As a dedicated parent, you must...
The forensic psychologist’s role in child custody disputes
Child custody disputes can be one of the most emotionally charged and difficult experiences for both parents and children. In these cases, it is essential to prioritize the best interests of the child above all else. This is where forensic psychologists come in. Forensic psychologists play a crucial role in...
What are the six stages of divorce?
Marital separation and divorce produce many life changes, usually accompanied by some level of grief. Just as people go through stages of grief when encountering death, Virginia residents commonly experience six stages of grief as they navigate the divorce process. The divorce transition and grief process Divorce is all about...
What determines the value of alimony payments?
Alimony, or spousal support, is a requirement in some divorce settlements. This payment might be something you will pay, or it could be something your ex must pay to you. The paying party generally has more work experience and a higher income, while the non-paying party likely spent most of...
When will the court end spousal support obligations?
Ending spousal support before the original order states it should terminate depends on clear and convincing evidence of certain conditions. Virginia law outlines specific conditions under which a judge will end the spousal support obligation, but it is up to the person paying to provide proof of any allegations that...
Tips to help your prepare your finances for divorce
Divorce is difficult for many reasons. Separating a married couple’s finances is often one of the most challenging aspects. People who fail to plan for their post-divorce finances often struggle. These tips can help. Beware of one-size-fits-all advice The divorce laws in Virginia are not the same as the divorce...
Why a large number of people seek divorce
Over the years, the number of people in Virginia getting divorced has slowly but steadily increased. While there can be many reasons for this, some of the most common include the following. Wanting to end an unhappy marriage A marriage is supposed to be a relationship full of love, trust...
Is your parenting plan effective?
Charting a course forward for your children after divorce takes tremendous work. If your parenting plan is inadequate, you may find yourself in an even more difficult situation. The parenting plan sets out how you and your ex plan on co-parenting your children. While you may not think it needs...
The fate of your medical practice in Virginia divorce
A divorce can affect almost all areas of your life, including your profession. If you have a medical practice, chances are, the court may need to value it and give part of it to your spouse, following Virginia family laws. How Virginia divorce laws may apply to your medical practice...
Different child support payment methods in Virginia
If you recently ended your marriage and you owe child support, it is important to do everything you can to stay current. Parents who fail to pay support in full can face harsh consequences, such as the loss of their driving privileges, financial penalties and even contempt of court charges....
Can you rebuild your finances after divorce?
Getting a divorce might completely change the way you manage your finances. Depending on your situation, you might lose income while simultaneously taking over new financial responsibilities. Contrary to what some may say, rebuilding your finances after a divorce is possible. A combination of strategy, consistent effort and optimism could...
How the court calculates spousal support
Virginia courts determine the proper monetary amounts for spousal support, or alimony as it’s called in other states. There are specific guidelines and criteria that the courts use to make assessments. Factors the court considers Each divorce and alimony decree is unique. The judge will account for a range of...
How a divorce can affect your estate plan
Virginia residents who are going through a divorce should not overlook how their property settlements might affect their estate plans. Careful drafting of property settlement agreements involving life insurance is important to avoid potential problems. Life insurance in property settlement agreements Many property settlement agreements in divorce cases include provisions...
What are the smaller signs of parental alienation?
When parental alienation strikes, many parents falsely assume it will happen in a big way. This mistake can cost you everything. Often, by the time big signs show up, an alienating parent has already spent significant time working on their plan. So what can you do to help mitigate this...
Your divorce, spousal support and the Virginia alimony tax law
If you and your spouse are ending your marriage, you face either a contested or uncontested divorce. Either way, the subject of alimony may come into play. When deciding on an alimony award, the court will consider several factors. A recent change in the tax law will also affect both...
Should you keep the marital home in a gray divorce?
Splitting up with your spouse at an older age can pose particular challenges when it comes to dividing your assets. If you are closer to retirement, you know you have fewer working years left than if you divorced while young, so questions like what to do with the marital home...
A new job offer may mean modifying a child custody agreement
The dream job you had your eye on is now yours, but it means relocating from Arlington to Norfolk, VA. Your 10-year-old son will go with you and the current child custody agreement will require modification. Will the court approve? Considerations from the court Judges are aware that changes such...
Awarded damages as separate and marital property in divorce
Virginia approaches divorce with an eye for equitable distribution, but the process for determining what is marital property can be an interesting puzzle — especially when factors such as workers’ compensation or other damages come into play. It might seem strange to consider workers’ compensation an asset, but it stands...
How long does a Virginia divorce take?
For most people, divorce is a lengthy process. However, how lengthy it will be for you will boil down to two main factors: Whether your divorce is contested or uncontested, and whether you and your spouse have children together. While there is no way to anticipate how long your divorce...
How is child support determined?
Getting divorced when you have children may leave you facing concerns about their well-being and your ability to provide for their needs without the support of a spouse. Depending on your situation, Virginia courts may rule in your favor to require your former spouse to provide financial support. If your...
Cashing out 401(k) funds in a divorce
For many of those in Manassas going through a divorce, the process will inevitably bring them a good deal of relief from no longer having to deal with the tension associated with their marriages. At the same time, they may also face some uncertainty if they were not the primary...
How equitable distribution affects asset division
During a divorce, many people may imagine that they will divide their assets in half. However, people have to follow Virginia laws about asset division. In Virginia, courts use a system known as equitable distribution to divide a couple’s assets. According to FindLaw, equitable distribution means that a court divides...
What is nesting and is it right for our kids?
In the majority of cases, divorces end with a co-parenting arrangement. This means that both parents are actively involved in raising the children. Generally, this arrangement is most beneficial for kids because having both parents involved in their lives is positive, even if the parents are not married. However, moving...
When problems at work interfere with a divorce
There are many different challenges people face in the workplace, from demanding projects to concerns about the future of one’s job and long-term stress or sleep loss. Unfortunately, these hardships often carry over into other facets of one’s life, such as their personal relationships, their health and so on. For...
No-fault divorce is available in NOVA, but not everywhere
Most of our civil laws have roots in the common law of the United Kingdom, which make sense given that the United States began as a group of British colonies. Of course, in the 230-plus years since the American Revolution ended, the laws of the U.S. and the U.K. have...
Avoid these mistakes when asking for a divorce
As you prepare to ask your spouse for a divorce, you’re likely to have concerns about how the conversation will unfold. Even if you do your best to prepare for everything, you may find yourself stuck and wondering what to say next. Here are three common mistakes that you want...
Steps to help prepare your finances for divorce
You have concerns about the divorce process, with many of them tied to your current and future financial circumstances. Even though your finances are sure to change, there are steps you can take to prepare accordingly and ensure stability during this difficult time. Here are several things you can do...
Avoiding unintended consequences in gray divorce
Older Virginians who decide to divorce often have to contend with more complicated issues than younger couples. This is because older adults frequently have more complex finances than younger people who divorce. Older adults need to be cautious with how they handle property division, spousal support and estate planning during...
Studies find women more likely to seek divorce than men
Too little help with housework, no career support and poor communication are among the reasons why women in Virginia may be more likely than men to initiate a divorce. The American Sociological Association found in a 2015 study that almost 70% of divorces were initiated by women. For many women,...
After end-of-year celebrations, increase in divorces
Virginia couples who are considering divorce in the new year might be surprised to learn that divorce filings increase during the first half of January each year. It is a trend that has already been studied because it seems to be happening consistently even as divorce rates in general have...
Dealing with the financial consequences of divorce
People in Virginia who are going through a divorce may want to consider working with a financial planner or a certified divorce financial analyst along with an attorney. These financial professionals may help in determining what a person’s assets are and how to budget for the divorce and its aftermath....
How women can face financial challenges after divorce
Women who have gone through a divorce in Virginia know that dealing with financial challenges can be overwhelming. While men can experience financial difficulties after a divorce, women are more likely to experience a decrease in income and live below the poverty line. As a woman contemplates divorce, it would...
Some couples are saving money by getting a divorce
Many happily married Virginia couples would feel uncomfortable asking their spouse for a divorce in order to save some money. However, there are some who are considering a divorce on paper in order to save money, especially high-earning couples who want to avoid the so-called “marriage penalty.” This applies to...
Determining a home’s value in a divorce
Estranged Virginia spouses who are seeking a divorce may be interested in retaining their marital homes. In some cases, this is done by buying out the other spouse. There are many different factors that need to be considered when determining how much a buyout could be worth. For instance, it...
Marital problems that lead to divorce
While there is no way to look at a marriage and accurately predict whether or not the union will last, relationship experts, divorce attorneys and psychologists have combined their knowledge to make a list of potential bad habits that a couple may not be able to overcome. Virginia residents might...
Research finds emotional, psychological reasons for divorce
Virginia couples who are considering ending their marriages may be doing it because they are not emotionally fulfilled. According to a survey of 2,371 divorced people, psychological and emotional reasons may have replaced reasons such as addiction or violence as the main causes. The study, which appeared in the Journal...
Finding a way to become private in a social media world
In Virginia and across the United States, people thinking about divorce typically have active accounts on one or more social media websites. Although it is fine to maintain an account on Twitter or Facebook during and after divorce proceedings, people who want uncomplicated divorces should think twice about their online...
Financial planning may reduce co-parenting stress
The American Psychological Association has reported that between 40% and 50% of marriages nationwide end in divorce. It is among the most stressful events a person can experience, and it can bring with it financial concerns, especially for couples who have children. Co-parenting after a Virginia divorce becomes much easier...
Keeping separate accounts may not protect funds in divorce
According to a survey conducted by Bank of America, 28% of people in the millennial generation choose not to establish joint bank accounts with their spouses. Members of this generation in Virginia are more likely to keep their financial lives entirely separate than previous generations. Part of the reason may...
Divorce trends differ based on age
People in Virginia and across America are generally accepting of those who have gotten a divorce. However, the divorce rate has fallen from 4.7 per 1,000 American adults in 1990 to 2.9 per 1,000 in 2018. There are a variety of reasons as to why this is the case, and...
3 ways to protect your finances in a divorce
No matter the specific circumstances surrounding your divorce, calling it quits will take a toll. Ending a marriage is not as easy as simply saying this is my stuff, this is your stuff and signing the divorce papers. You will have to make decisions regarding how to value your assets...
Tips to help you get through property division during divorce
Divorce is usually a difficult and drawn out process. For some people, it could take months to work out all the details. This is especially true when you own extensive assets and other property. For example, you may have a long argument ahead of you concerning who gets the dog...
Determine if you need a qualified domestic relations order
There’s no reason that most people will ever hear of a qualified domestic relations order (QDRO) unless they are getting a divorce and have a pension plan to split. So it can become an afterthought that needs to be addressed after the divorce has already been finalized. That can add...