To file for divorce in Virginia, you or your spouse must have resided in the state for at least six months immediately before you file. This can mean that you and your spouse lived in the state together, that you both lived in the state separately, or that only one of you lived in the state during this time frame.
To meet the state’s six-month residency requirement, at least one of you must be domiciled in Virginia, which goes beyond simply being physically present in the state. If your divorce is based on your residency, proving that you are domiciled in the state requires a demonstration that Virginia is your true, long-term home.
All the following help establish that a resident is domiciled in Virginia:
Establishing the residency requirements for a Virginia divorce can be quite challenging, but a focused Arlington divorce lawyer can make all the difference.
If you are filing for divorce based on your residency of at least six months in Virginia and you live in Arlington, you will file at the Arlington County Circuit Court in the Civil Intake Division. If your spouse meets the residency requirement in another county, however, you’ll have your choice of filing in Arlington or in the county in which your divorcing spouse resides.
Virginia also has a separation requirement in place for divorce cases. If you and your divorcing spouse share no minor children and have a separation agreement in place, you must have lived separately for an uninterrupted period of six months. Otherwise, the requirement is a full year of living separately.
While the separation requirement does not alter the residency requirement, it can complicate the matter. Virginia’s definition of separation is living separately and apart. Exceptions can, however, be made for living separately under the same roof. Discuss your unique circumstances with a savvy Arlington divorce attorney today.
Our trusted Arlington divorce attorneys at Bristle Schulze understand how legally and emotionally challenging divorce tends to be. In response, we will leave no stone unturned in our focused pursuit of a divorce settlement that upholds your rights within the state’s complex legal framework. For more information about everything we can do to help you, please don’t hesitate to reach out by contacting us online or giving our firm a call at 703-454-0701 today.
]]>Before entering a prenup, it’s in your best interest to consult with one of our experienced Arlington prenuptial agreement attorneys at Bristle Schulze.
Many people think of prenups as a gateway to divorce. In fact, however, having a prenuptial agreement in place does not statistically increase the risk of divorce. Instead, prenuptial agreements are often used to specify which assets are separate, to address how marital property will be divided, and to determine whether alimony will apply.
A legally binding prenuptial agreement can bypass Virginia’s laws regarding the equitable division of marital property and the matter of alimony. Both the parenting plan and child support, however, must support the children’s best interests at the time of divorce and can, therefore, not be addressed in a prenup.
Virginia’s Premarital Agreement Act sets the requirements that determine if a prenup is legally binding, and the terms that relate to timing include the following:
Any attempt to rush the prenup process can raise concerns about one side coercing the other into signing before they have had the time necessary to assess the contract in relation to their rights. The less time that elapses between signing a prenup and the wedding, the greater the chance that the contract will ultimately be called into question on the grounds of coercion. Consulting with a savvy Arlington prenup lawyer is an important early step.
For a prenuptial agreement to be legally binding, it must be signed prior to marriage. Upon marriage, the contract goes into effect. The State of Virginia does not have a time requirement that applies to prenups, other than that they be signed before the couple marries. The more time you allow between signing your prenup and marrying, however, the less risk that the contract will be found wanting.
Our capable Arlington prenuptial agreement attorneys at Bristle Schulze recognize the peace of mind that a carefully considered prenuptial agreement can offer, and we welcome the opportunity to help. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.
]]>Our experienced Alexandria child support attorneys at Bristle Schulze have the legal skill and insight to help.
While making the child support payments required by law may leave you feeling as if your finances are spread far too thin, it’s important not to ignore the issue. If you can continue making the payments, you should do so.
If you don’t know how much longer you can keep up with your child support payments, you shouldn’t take a wait-and-see attitude. Addressing the matter with the court up front is the best approach, and having the skilled legal guidance of a capable Alexandria child support lawyer backing you up is always advised.
In Alexandria and throughout Virginia, a parent with a child support obligation can seek a modification when there has been a material change in applicable circumstances. If you can’t meet your financial responsibilities as they relate to child support, this can mean a sudden job loss or a significant decrease in your income. This generally translates to a change of about 25 percent.
A shift in your children’s needs or in your visitation schedule with them can also qualify for a modification. Finally, if at least three years have passed since your current child support order was handed down, you can request an automatic review.
If you fail to meet your child support obligation, the funds can be garnished directly from your paycheck. Further, the Virginia Division of Child Support Enforcement (DCSE) can report your failure to pay child support to the credit agencies, which can directly affect your credit score.
Ultimately, your unpaid child support can lead to serious social complications that can have financial implications, including:
If your payments are at least 90 days late or you owe at least $5,000 in back child support, DCSE can have your driver’s license suspended. This is accomplished through the DMV, and reinstatement requires either resolving the delinquency or entering a payment plan. A restricted license that allows you to drive for specific purposes may, however, be granted.
Our dedicated Alexandria child support lawyers at Bristle Schulze will spare no effort in pursuit of a favorable case resolution on your behalf. Learn more about what we can do to help by contacting us online or giving our firm a call at 703-454-0701 today.
]]>Explore your best options by discussing your unique situation with one of our experienced Manassas, VA, prenuptial agreement attorneys at Bristle Schulze today.
There are three primary factors that can invalidate a prenuptial agreement in Virginia. In cases in which the prenup isn’t legally valid to begin with, a modification isn’t necessary.
For a marital agreement to align with Virginia’s laws, each spouse must have provided the other with a complete and accurate accounting of their finances. While the parties can sign a voluntary waiver of disclosure regarding relevant financial information, it won’t necessarily stop the contract from being invalidated if the terms are unfair.
In addition, neither party can exert undue pressure on the other in order to coerce them into signing the contract. Finally, none of the terms included in the prenup can be what the state calls unconscionable, which means a term that is blatantly unfair or lopsided.
There is only one means of modifying an existing prenuptial agreement that is legally binding. This can be accomplished when both spouses sign off on an agreement that defines the changes being made.
A prenup can also be revoked if both spouses sign a written declaration revoking it. If, however, the modifications made are considered unconscionable, or if either spouse agreed to them as a matter of coercion or undue pressure, they can invalidate them.
There are several common reasons for modifying prenuptial agreements during a marriage, and most fall into categories like the following:
When a married couple’s financial landscape or outlook shifts, it can lead to a mutual decision to modify an existing prenup. These marital agreements are considered living documents, rather than static events, which means they can evolve along with evolving marital circumstances. This helps to ensure that your prenuptial agreement will continue to align with your married life and ongoing goals.
Our focused Manassas prenuptial agreement attorneys at Bristle Schulze have a solid track record for helping clients as they implement and maintain prenups that afford them the peace of mind they’re looking for. Your financial future is important, and we can help you safeguard it. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.
]]>The State of Virginia will not enforce a prenuptial agreement that the court deems unconscionable. Unconscionable here means including a term or terms that are not guided by conscience, go beyond the limits of what’s acceptable, or are otherwise unjust. The use of excess pressure can result in unconscionable terms.
When Virginia courts determine the validity of prenuptial agreements, they pay special attention to two primary issues:
Either can invalidate a prenup.
In Remillard v. Remillard, the wife-to-be gave up her career to move to Virginia, marry her fiancé, and work for his rental property management company. The day before the wedding, her soon-to-be husband let her know that he would not go through with the marriage if she didn’t sign a prenuptial agreement that she’d never seen before.
The prenup stipulated that, in the event of divorce, each spouse would retain their personal assets, including those acquired during the marriage. The contract also declared that each spouse shared their comprehensive personal finances with the other.
For a Virginia prenuptial agreement to be legally enforceable, each spouse must provide the other with an honest and accurate accounting of their income, assets, and debts at the time. While the state does allow a voluntary waiver of disclosure, it can lead to invalidation of the prenup.
The wife, who wasn’t given adequate time to consult with a family law attorney, signed the agreement. She didn’t know at the time that her husband had $10 million in assets. Additionally, the business grew considerably over the course of the marriage.
In Remillard v. Remillard, the court found that the husband failed to properly disclose his income and that the terms included in the prenup were heavily slanted in his favor. Further, the court determined that the hasty process and the threat to back out of the marriage put too much pressure on the wife. As a result, the prenup wasn’t upheld. This is a prime example of how unconscionable terms and duress can invalidate a prenuptial agreement.
Our Manassas prenuptial agreement attorneys at Bristle Schulze recognize the immense impact that prenups can have, and we will leave no stone unturned in the protection of your related rights. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.
]]>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.
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