Marital property refers to all those assets that you came to own during your marriage. It doesn’t matter who did the purchasing or whose name is attached. With very few exceptions, anything obtained over the course of your marriage is considered marital property. Exceptions include inheritances and gifts for which either of you was the sole beneficiary.
Those assets that either of you owned prior to marriage and kept separate while married are considered separate property. These continue to belong solely to the original owner. Any commingling of marital and separate property, however, can blur the line that separates them. To identify an asset as separate and, therefore, not subject to equitable distribution, the spouse who claims it has the burden of proving its separate nature.
The State of Virginia employs an equitable division of marital property. This means a fair division that is based on varied factors. While this can translate to an even division, marital property is not always divided equally in Virginia divorce cases.
Some factors that help establish a fair division of marital property include the following:
Additionally, the liquidity of the asset can directly affect how it is divided. For example, real estate like your marital home can’t be split down the middle. The options when it comes to a nonliquid asset include selling it and dividing the proceeds, having one spouse buy out the other’s ownership, or having one spouse receive their share in the form of other assets.
Our capable Manassas property division attorneys at Bristle Schulze will spare no effort in our committed advocacy for your financial rights. Our imposing track record speaks to our experience and legal skill, and we will employ the full force of both on your behalf. Learn more about everything we can do to help you by reaching out and contacting us online or giving our firm a call at 703-454-0701 today.
]]>If you and your divorcing spouse are unable to resolve even one divorce term, it can mean a contested divorce, which is a case that goes to court. When it comes to negotiating the terms of divorce, however, you have options. One of the most important is looking to your seasoned divorce lawyer for well-considered strategic advice. And if negotiations between you and your soon-to-be ex stall, mediation may be the next step.
The terms of divorce in Virginia include all the following, and any one of them can prove exceptionally challenging:
These represent your rights as a parent as well as your financial rights, which makes them of primary importance.
The mediation process itself is voluntary and confidential. By the time a couple reaches the stage of mediation, they tend to be very motivated to forge a settlement, which ensures they won’t need the court’s direct input regarding their terms. Further, Virginia courts sometimes require mediation prior to hearing cases, especially when the unresolved term is child custody.
At mediation, you, your spouse, and your respective divorce lawyers will come together with a professional mediator. They serve in the role of a neutral third party, and while they are not there to force anything on you or to make decisions on your behalf, they will guide the proceedings.
The goal is to help the two of you hammer out compromises, which generally means building on whatever agreements you’ve reached so far. The more documentation you have supporting your position, the stronger it will be. The mediator can help both of you gain a better understanding of how the law applies to your case, which can help move the needle in terms of negotiations.
There are many benefits that go along with successful divorce mediation, including each of the following:
Mediation is only legally binding if both parties sign off on the negotiated terms.
Our resourceful Manassas divorce mediation attorneys at Bristle Schulze have the legal skill and savvy to help you negotiate optimal divorce terms through mediation, which comes with a wide range of benefits. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.
]]>If you have a valid prenuptial agreement in place, it is legally binding, which means the court will enforce the terms. If, however, you and your spouse are both in agreement, the contract can be revoked at any time via a legal agreement that is signed by both of you. You can also modify your existing prenuptial agreement with a postnuptial agreement that better suits your needs.
It is important to note that a postnuptial agreement does not mean that either one of you doesn’t believe in or isn’t fully invested in your marriage. In fact, a postnup ensures that you both know what divorce would mean for you, which frees you up to focus on your marriage. Some couples facing divorce, however, create postnuptial agreements in order to definitively resolve the applicable terms of divorce ahead of time. These include:
Child support and child custody, which are based on the children’s best interests at the time, should not be addressed in postnuptial agreements.
Married couples often turn to postnuptial agreements to resolve specific concerns like the following:
There are certain factors that will prompt the court to invalidate your postnuptial agreement. These include one spouse using coercion to get the other to sign. Ultimately, both parties must enter the agreement voluntarily.
Further, terms that are deemed unconscionable can also be invalidated. Unconscionable in this context means being seriously one-sided, oppressive, or otherwise unfair. Failure to provide one another with a fair and reasonable disclosure of the necessary financial information can also make your postnuptial agreement unenforceable.
The persuasive Manassas divorce lawyers at Bristle Schulze have earned a solid reputation for crafting well-considered, legally binding postnuptial agreements that protect our clients’ rights, and we welcome the opportunity to do the same for you. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.
]]>There are several primary considerations when it comes to creating a prenuptial agreement that the court will enforce.
Both parties to the prenuptial agreement must enter the contract voluntarily. If either can present clear and convincing evidence that their participation was not voluntary, the court may invalidate the prenup. While one spouse requiring the other to sign in order for the marriage to go through may not invalidate the contract, doing so at the last minute could.
The prenuptial agreement cannot be unconscionable at the time of execution, which is at the time of marriage. This means that the terms included can’t be clearly one-sided or otherwise unreasonably unfair.
Each spouse is required to provide the other with a fair and reasonable disclosure of their assets, debts, and financial obligations. In other words, an actual and accurate disclosure is necessary. While failing to implement perfect precision regarding financial matters is not a deal breaker, any hiding of assets, dishonesty, or significant discrepancy can lead to invalidation of the contract.
Couples should generally not address matters that relate to child custody or child support in a Virginia prenuptial agreement. These terms are always based on the best interests of the children at the time they are ordered. Since this is impossible to know ahead of time, Virginia courts retain authority over these matters. This makes including them in your prenuptial agreement ill-advised.
If your prenuptial agreement does contain child custody or child support terms, the court is likely to deem these specific terms unenforceable but not to invalidate the entire contract. This said, however, all of the following are distinct possibilities when prohibited terms are included in a prenuptial agreement:
Ultimately, including either child support or child custody could lead to the entire contract being invalidated.
Terms that can be effectively addressed in your prenuptial agreement include the division of marital property, the allocation of debts, and alimony. Having a trusted family law attorney backing you up from the outset is always the best approach.
The capable Manassas divorce lawyers at Bristle Schulze are committed to leaving no stone unturned in the protection of your rights through the creation of a well-considered and legally binding prenuptial agreement. Having a solid prenup in place can take considerable pressure off your marriage and can afford you the peace of mind you’re looking for.
For more information about what we can do to help, please don’t delay contacting us online or giving our firm a call at 703-454-0701 today.
]]>Virginia doesn’t use a single checklist to define unfitness. Instead, judges look at whether a parent can provide safe, stable, and appropriate care. Findings that can support unfitness include neglect, abuse, chronic substance use, untreated mental illness that affects parenting, abandonment, repeated incarceration, or a pattern of unsafe decisions that put your grandchild at risk.
Likewise, custody decisions follow the best interests standard. However, because parents have a constitutional right to raise their children, you must demonstrate more than a preference for a different home. The evidence must show that court intervention is necessary to protect your grandchild’s welfare.
You can file a custody petition in the Prince William Juvenile and Domestic Relations District Court when circumstances show that a parent can’t meet your grandchild’s basic needs or keep them safe. These circumstances typically involve:
Judges will examine whether placing your grandchild with you will provide stability, continuity, and protection. The focus stays on your grandchild’s daily life, including housing, school, medical care, routines, and emotional support.
Because parental rights are fundamental, you must present clear and convincing evidence of unfitness, inability, abandonment, or extraordinary circumstances. Judges look for specific facts. Examples that carry weight in court include:
A Manassas, VA, grandparents’ rights attorney can organize this evidence into a custody case that the court can evaluate quickly and accurately.
A judge will weigh your grandchild’s physical and emotional needs, the stability of each home, your grandchild’s relationship with you, and any safety risks. If a parent is found unfit or unable to provide appropriate care, the court can award physical and legal child custody to you when that placement best serves your grandchild.
Timing is immensely vital. Emergency conditions can justify temporary orders to protect your grandchild while the case proceeds. A grandparents’ rights attorney in Manassas, VA, can prepare petitions, affidavits, and proposed orders so the court can act fast.
Custody orders can include decision-making authority, school enrollment, medical consent, and child support. If a parent later stabilizes, the court can review custody again. A Manassas, VA, grandparents’ rights lawyer can help you set up durable orders and plan for future reviews so your grandchild experience as little stress as possible.
If you believe your grandchild is not safe and you’re ready to explore custody, book your confidential appointment with our Manassas, VA, grandparents’ rights lawyers at Bristle Schulze online or at 703-454-0701.
]]>Virginia law treats you as an individual with a legitimate interest in your grandchild’s life. That means you can ask the court for visitation or custody, but you must meet strict legal standards. Judges decide these cases based on the child’s best interests while also protecting a parent’s constitutional right to make decisions about their child’s upbringing.
You must show that court-ordered involvement supports your grandchild’s stability, emotional health, and development and overcomes the parental presumption under the specific facts of the case.
Yes, but only under specific circumstances. If a parent blocks contact, you can petition the Prince William Juvenile and Domestic Relations District Court for visitation. Common situations include:
If both parents object, the court requires proof that denying visitation would harm your grandchild emotionally or pose a real risk to their emotional development or stability. Judges examine the child’s age, home environment, and emotional needs, and their history with you. A Manassas, VA, grandparents’ rights lawyer can help you document your caregiving role, collect school and medical records, and prepare witness statements so the court sees the full picture.
Custody cases arise when a parent is deceased, incapacitated, incarcerated, or unable to provide safe care. In these cases, you can petition for physical and legal custody. Courts evaluate:
Because Virginia law strongly protects parental rights, custody cases require strong evidence. You must show parental unfitness, inability, abandonment, or other extraordinary circumstances. An attorney can help you build a clear, well-supported case when your grandchild’s safety or stability is at risk.
Successful petitions rely on real-world proof of your role in your grandchild’s life. Helpful evidence includes:
A grandparents’ rights attorney in Manassas, VA, can organize this evidence and present it in a format the court expects, avoiding common mistakes that usually delay or weaken cases.
Judges in Manassas focus on whether court involvement protects a child’s long-term well-being. They look for stability, consistency, and emotional support. They demand specific, documented facts and a visitation plan that serves your grandchild, not just proof that visitation would be beneficial.
Making vague claims or emotional appeals can even hurt your case. A lawyer can prepare you for hearings, explain what judges look for, and ensure your petition meets local procedural rules and deadlines.
To arrange your confidential case assessment with our Manassas, VA, grandparent’s rights attorneys, contact Bristle Schulze at 703-454-0701 or online.
]]>Military life often includes frequent relocations and deployments. This can create new obstacles when the couple decides to divorce, and many different courts may have jurisdiction over their divorce. Some factors to consider include:
These different legal guidelines mean that servicemembers and their spouses may be able to file in a variety of locations. People stationed in bases like Fort Belvoir, Fort Henry, Fort Allen, Dahlgren, Joint Base Myer-Henderson Hall, Marine Corps Base Quantico, the National Reconnaissance Office (NRO) and the Pentagon should carefully consider where they will file.
Military divorces are further complicated by the interplay between state and federal laws. Federal laws, such as the Servicemembers Civil Relief Act, can influence proceedings. For example, federal law allows state courts to divide military pensions and benefits, but those same federal laws provide guidelines about what that division may look like.
Military divorce requires a nuanced understanding of both legal and military factors. By consulting with a knowledgeable attorney, military spouses can make informed decisions.
Choosing the right court for a military divorce involves careful consideration of multiple jurisdictional factors. With the right guidance and information, you can ensure that your divorce proceedings are handled efficiently and fairly and that you receive their fair share as your marriage ends.
]]>Putting it broadly, you, and your soon to be spouse, can put pretty much whatever you want in this agreement as long as it doesn’t violate public policy.
No nobody needs a prenup. But in the event of divorce or separation do you want a judge who’s a stranger and two very expensive attorneys arguing how to divide up your assets? Or would you rather you and your soon to be spouse make that decision while you both have cool heads?
The big terms that most people include in their prenups are as follows:
Some terms you’ll notice are missing are those regarding children. Custody, visitation and child support. That’s because, generally speaking, the court makes these decisions for the benefit of the children and won’t let you (or your spouse) contract away your children’s rights.
Yes, as long as the amendment is executed pursuant to the language in your current prenup. So, a pinky promise won’t overrule a signed and notarized prenuptial agreement, you’ll probably have to sign and notarize a _post_nuptial agreement.
The last person to ask what’s fair is a lawyer! My word of advice is simple is better. If a divorce does happen, you want it to be simple and straightforward. You don’t want to be pulling up receipts throughout the marriage to determine who exactly paid for what-on-what day, that’s going to make the divorce even messier. Along that same line of thought, I generally don’t recommend including any provisions that penalize whoever “initiates” the divorce, that will only encourage two unhappy individuals to stay together to avoid the penalty, and potentially annoy the other person enough to force them to file! Finally, I also don’t recommend adultery clauses. These prenups are done to be clear and simple; not to encourage the parties further litigation.
]]>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 divorced. The real delay comes from the parties determining how to best divide their stuff. Who gets to keep the home? What is going to happen to your pension? Will anybody need support? Things like that. Of course, in marriages where the parties have children together, this process is even harder as the parties need to determine what the custody and visitation schedule will look like, how much child support should be paid etc.
Sometimes, spouses can figure all of this stuff out between them, removing the need for lawyers or judges to really get involved. That means the divorce is “uncontested” and the only remaining thing to do is just the paperwork. For an uncontested divorce we’ll prepare the documents memorializing the terms you and your spouse have agreed to (often in a Marital Settlement Agreement or commonly known as a “separation agreement”). You and your spouse will sign all of the relevant documents and send them back. Once the documents are returned properly executed, we’ll send it off to court (along with some other miscellaneous paperwork) that effectively says “Judge they’ve already divided their stuff, please divorce these two.” The judge will then sign a Final Decree of Divorce, divorcing the two parties. This process is pretty much pain-free and far cheaper than a contested divorce.
Now if the two parties can’t resolve all of the terms between one another, or you just don’t know what you’re entitled to in Virginia and want a lawyer’s assistance, then you’d have a “contested” divorce. That doesn’t necessarily mean it needs to be taken in front of a judge immediately or we need to rush off to court. It just means we need to hammer out some of the terms.
In short, the answer I generally give is “have you and your spouse agreed on how to divide up your assets?” If the answer is “no” then it’s contested. If the answer is “yes” then it’s uncontested.
]]>Now this blog isn’t going to address what visitation schedule is “best” but rather hope to provide a few examples of schedules that the courts will often order, or that parents agree to.
This schedule is slowly becoming more and more popular as the courts are deferring to equal parenting time more often. This operates as the name implies, one parent has the children for one week, then on a date and time certain (generally around 7:00 p.m. on Sunday) the child goes to the other parents’ house.
Pros:
Allow each parent ample uninterrupted parenting time.
May be easier for the child to have a schedule that is continuous for one week.
Smooth drop-offs and pick-ups.
Cons:
Extended time away from the child.
May make scheduling extracurricular activities difficult.
If one parent is poorly influencing the child the first few days of parenting time may involve “deprogramming.”
This schedule is generally ordered when the Cons of Week on Week Off outweigh the pros, primarily when neither parent wants to be away from the minor child for a full week. The schedule generally involves party A having every Monday and Tuesday, Party B having every Wednesday and Thursday, and then the parties rotating Friday, Saturday, and Sunday.
Illustrated below:
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday |
| Mom | Mom | Dad | Dad | Dad | Dad | Dad |
| Mom | Mom | Dad | Dad | Mom | Mom | Mom |
Pros:
Ample weekday visitation for each parent.
Easier to schedule extracurricular activities.
Child has continuous influence from each parent.
Cons:
Schedule can be challenging for the child to remember.
Excessive exchanges between the parties may lead to more issues.
This is similar to the 2-2-3 schedule above but is used when neither parent wants to be away from the child for five days continuously. This involves swapping each parents weekly days to ensure the three days over the weekend don’t bookend the same parents weekly visitation resulting in five days of parenting time in a row.
Illustrated below:
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday |
| Mom | Mom | Dad | Dad | Mom | Mom | Mom |
| Dad | Dad | Mom | Mom | Dad | Dad | Dad |
The courts tend to be uneasy to order this schedule because not only does it involve a ton of back and forth (already a negative of the 2-2-3) but now the schedule is rendered more unstable. Generally, this schedule will only be ordered when the child is VERY young (less than three years old).
This is the “classic” schedule that is often heard of and is falling out of prevalence today. This schedule is often entered if one parent is unable to adequately take care of the child during the school week, or the parents live too far apart to render weekday parenting time to both parents possible.
Illustrated below:
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday |
| Mom | Mom | Mom (dinner with Dad) | Mom | Mom | Dad | Dad |
| Mom | Mom | Mom (dinner with Dad) | Mom | Mom | Mom | Mom |
More often than not the court’s have expanded the above schedule to let the “dad” (in the above example) pick up the child from school on Friday, drop the child off at school on Monday, or keep the child until Tuesday in the event school is not in session on Monday.
Pros:
Very consistent for the child.
Allows the custodial parent to schedule events for the child easily.
Cons:
Limited parenting time with both parents.
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