All divorce cases are handled by the Prince William County Circuit Court. Because Virginia is an equitable distribution state, the court uses factors like the following to determine how debt should be distributed between spouses:
Without a solid prenup that addresses debt protection, you could potentially be held financially responsible for a significant part of your soon-to-be ex’s lavish spending habits or overall debts.
In order for your prenuptial agreement to be enforceable, both you and your spouse must have entered the contract voluntarily, which excludes any coercion or duress. Further, the terms included cannot be what’s called unconscionable, which means seriously skewed in one spouse’s favor. In addition, each of you must have been transparent regarding the required financial disclosure, including in relation to debts. Finally, the contract must be in writing and signed by both of you, and while notarization is not required, it’s well-advised.
In your prenup, you can include a debt protection clause that helps shield you from your soon-to-be spouse’s separate debt, including business obligations. By directly classifying these debts as separate, you seriously diminish the risk that the line that distinguishes them from marital debt will be weakened.
Debt that is incurred during your marriage is presumed to be marital. In your debt protection clause, however, you can establish parameters that distance you from any financially risky practices your spouse may engage in. These include iffy business ventures and excessive spending.
In your prenup, you can also outline limitations for joint debt. For example, your debt protection clause can include language that divides joint debt in accordance with who incurred it or as a matter of predetermined percentages.
Our accomplished Manassas debt division attorneys at Bristle Schulze have reserves of experience helping clients like you create prenups that effectively address debt division and that bolster peace of mind in the process. To learn more about everything we can do to help you, please don’t hesitate to contact us online or give our firm a call at 703-454-0701 today.
]]>In order to obtain an uncontested divorce, which means keeping your case out of court, you and your spouse must reach an agreement regarding each of the terms that apply. These include the fair division of marital property, child custody arrangements, child support, and spousal support, or alimony. While finding middle ground may strike you as virtually impossible right now, you shouldn’t underestimate how motivating the benefits of an uncontested divorce can be.
The benefits of an uncontested divorce include all the following:
Ultimately, most divorcing couples prefer not to have the court make key decisions for them. And this helps to explain why the vast majority of Manassas divorces are uncontested.
Most divorces in Manassas, which are heard in the Prince William County Circuit Court, are no-fault, meaning they are based on the couple living separate and apart. While all uncontested divorces are no-fault, fault-based divorces, such as those involving adultery or cruelty, almost always require court involvement, making them contested in practice. That said, even in a fault-based case, parties can sometimes reach agreement on the underlying divorce terms; however, the fault ground itself still requires the court to make a finding. Most contested divorces in Virginia are actually no-fault cases in which the parties simply could not agree on one or more terms.
A contested divorce refers to a case in which the couple can’t reach a mutually agreeable resolution regarding at least one applicable divorce term. When this is the case, the court is called upon to resolve the matter. While there are advantages to uncontested divorce, each case is unique and must be considered in relation to the specific circumstances that apply. For example, if domestic violence is a concern, proceeding to court is generally advised.
Our resourceful Manassas divorce attorneys at Bristle Schulze dedicate our imposing practice to resolving challenging cases like yours as effectively and efficiently as possible – without ever losing sight of our clients’ rights. Learn more by contacting us online or giving our firm a call at 703-454-0701 today.
]]>Any debt that you, your spouse, or you and your spouse took on during your marriage comes with the legal presumption that it is marital debt. It doesn’t matter if only one spouse’s name is attached or if one spouse wasn’t aware of the debt in the first place.
The Prince William County Circuit Court, which handles all divorce cases in Manassas, has discretion to classify all or part of a debt as separate. This generally happens in response to the other spouse proving that the debt was incurred for purposes outside the scope of the marriage. Prime examples include financing an extramarital affair or racking up gambling debt.
Separate debt remains the financial responsibility of the spouse who incurred it. This includes debt assumed prior to marriage and while living separate and apart prior to divorce, unless a connection to family expenses can be proven.
If a couple consolidates a separate debt into a marital account or consistently uses marital funds to pay down a separate debt, some part of the separate debt may be classified as marital. This means that the assigned percentage of the separate debt would be subject to division in divorce.
The kinds of factors that help courts determine how to divide marital debt equitably – which may or may not mean equally – include the following:
Finally, Virginia courts also consider the purpose of the specific debt and who benefited from it.
Our knowledgeable Manassas divorce attorneys at Bristle Schulze are well prepared to skillfully advocate for your financial rights – in pursuit of an optimal case outcome. Learn more about everything we can do to help you by contacting us online or giving our firm a call at 703-454-0701 today.
]]>The motivation behind UIFSA is to promote consistent financial support for children, which is in their best interest. Both parents are responsible for supporting their minor children financially, and moving across state lines does not alter this responsibility. The aim of UIFSA is to help ensure that states honor one another’s valid child support orders, which helps minimize legal battles and bolsters stability for the involved children.
When the parent who pays child support moves out of Virginia, their child support obligation goes with them. This generally means that the Virginia child support order will prevail and that the current terms will remain in effect, as a result of UIFSA.
As long as the children or either parent continues to live in Virginia, the state has continuing exclusive jurisdiction over modifications and other legal concerns. This means that your case will be addressed by the Virginia Juvenile and Domestic Relations District Court that originally handled it.
It’s important to note that, if neither of you is living in Virginia, your current child support order will remain in effect, and the state can also enforce past-due payments. Any modification of your child support order, however, must be addressed by the state in which the parent who is not seeking the modification lives.
If you or your ex moves to Virginia with a valid child support order from another state in place, the issuing state is very likely to maintain jurisdiction over the order. You can count on UIFSA to accomplish both the following:
With more predictable enforcement, children experience more consistent financial support, which is good for families.
Our capable Virginia child support attorneys at Bristle Schulze recognize the important role that child support plays in children’s lives, and we harness the full force of our impressive experience in pursuit of favorable case outcomes for all our valued clients. We’re here for you, too, so please don’t wait to learn more by reaching out and contacting us online or giving our firm a call at 703-454-0701 today.
]]>There are specific legal guidelines that determine how child support is calculated in Virginia. The primary variables include all the following:
The total child support amount is calculated according to Virginia’s guidelines and is apportioned between the parents according to the percentage of the total income they earn. Generally, the noncustodial parent, or the parent who has the children less often, has the child support obligation.
Each parent is responsible for paying the percentage of child support assigned to them. It’s presumed, however, that the custodial parent covers this amount directly – by providing the children with their primary residence.
When exes share parenting time more equally, the higher earner typically makes the child support payments. In these cases, the child support amount is determined in relation to the difference in the parents’ incomes.
If you are responsible for paying child support, the fact that you remarry won’t alter this financial responsibility. This is because your new spouse has no financial obligation to support your children from a prior marriage. Further, your decision to remarry doesn’t affect your financial responsibility to your children.
While it’s true that your new spouse’s income will not affect your child support obligation, the matter doesn’t end here. If your living expenses decrease significantly as a result of your new marriage, your child support obligation could increase.
If your new marriage leads to another child or to more children, it’s a factor that the court can take into consideration regarding your child support obligation. The State of Virginia is invested in supporting the best interests of every child involved in every case, including any children that you have post-divorce.
Ultimately, the court is bound by Virginia’s income shares model. If, however, there is a factor that renders this standard calculation method either inappropriate or unjust, the presiding judge can deviate from it. And remarriage has the potential to support a change in a child support order.
Our seasoned Virginia child support attorneys at Bristle Schulze are committed to helping you successfully navigate the legal intricacies of your case – with your financial rights intact. Learn more about everything we can do to help by reaching out and contacting us online or giving our firm a call at 703-454-0701 today.
]]>Prenuptial agreements in Virginia are intended to address wide-ranging financial concerns that relate to divorce or inheritance. These contracts are created prior to marriage, and they go into effect upon marriage.
The requirements for a valid prenup in Virginia include all the following:
While notarization is not required in Virginia, it is highly recommended for purposes of legal validation.
The terms that can be effectively addressed in a prenup break down into basic categories.
The State of Virginia presumes that all the assets a married couple owns are marital assets. This means that a spouse who claims separate property in a divorce must prove its separate nature. When property is identified as separate in a prenuptial agreement, however, the matter is resolved.
Further, your prenuptial agreement can address how your marital property will be divided in the event of divorce. Finally, each spouse’s rights as they relate to selling, buying, transferring, or otherwise managing and controlling specific assets can be carefully outlined.
Spousal support is another common term addressed by prenuptial agreements. Alimony is not guaranteed in a Virginia divorce but is, instead, determined according to the specific circumstances that apply. When alimony is addressed in a legally binding prenup, it clarifies the concern ahead of time.
The matter of inheritance rights tends to be more important in relation to second marriages, when one or both spouses already have children. Including a formal waiver of the elective share in a prenup means that the surviving spouse cedes their statutory right to a specific percentage of the other’s estate. This allows parents to protect their children’s inheritance rights.
Issues that cannot be addressed in a Virginia prenup include child support, which must be calculated in accordance with the law at the time. Child custody arrangements are also off the table because they are always based on the children’s best interests.
Our accomplished Alexandria prenup attorneys at Bristle Schulze are well versed at protecting our clients’ rights with solid prenuptial agreements that afford invaluable peace-of-mind. We’re on your side and here to help, so please don’t delay contacting us online or giving our firm a call at 703-454-0701 today.
]]>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.
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