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What is Marital and Separate Property in a Virginia Divorce?
In a marriage, sometimes the lines become blurred between what is marital and what is separate property. After all, couples married for a long time share many assets together and often co-mingle assets that started out as separate before marriage. The lack of clarity usually does not matter until couples decide to divorce. Then, who […]
Separation Agreements In Virginia
In a deposition taken as part of an ongoing libel suit, actor/producer Tom Cruise was recently quoted as saying the following regarding activities related to custody of daughter Suri and his divorce from actress/fashion designer Katie Holmes: “Listen, when there is a divorce… things change. And it’s more complicated, as everyone knows when that is, […]
What Bearing Can Fault Divorce Grounds Have on Spousal Support?
While many states do not have fault grounds for divorce, Virginia offers both no-fault and fault grounds divorce options. A Virginia Beach spousal support attorney can explain the possible ramifications that fault grounds can have on spousal support. Virginia statute § 20-91 establishes fault divorce grounds as the following: Adultery, sodomy or buggery committed outside […]
Can Emails and Social Media Communications Be Used in a Contested Divorce?
Many written records of conversations exist today through social media, emails, texting and other forms of digital communication. In the past, courts were often at a loss to rule based on the “he said, she said” aspect of evidence. Increasingly, courts allow digital media records including emails, Facebook postings and text messages as evidence during […]
In a Marriage Breakdown, Who Generally Files for Divorce, Men or Women?
Many people find it surprising that women file for the greatest percentage of divorces. When considering divorce, a Chesapeake divorce lawyer can help you weigh your options and understand the potential consequences involved with divorce. According to a report published by American Law and Economics Review, most women are in a worse financial state than […]
What Is The Difference Between Divorce And Annulment In Virginia?
There are major differences between a legal annulment and a legal divorce in the commonwealth of Virginia. While a divorce ends a legal marriage, the marriage is still viewed as having been valid under the law prior to the divorce. An annulment takes the extra step of actually voiding the marriage, “as if it had […]
What are Some Possible Tax Consequences of Divorce?
By working with a Norfolk divorce attorney in conjunction with your tax accountant, you can be aware of options that minimize the tax consequences of divorce. Capital gains taxes, income taxes and the tax consequences of alimony are the main factors to consider. Property division often involves the sale of stocks and real estate. By […]
Is Alimony Reform Coming To Virginia?
In 2012, Massachusetts passed a new law reforming alimony laws in that state. In the past, it was possible for a judge to require a higher-paying spouse to pay alimony to a lower-paying spouse “permanently” for life. The new legislation puts limits on the amount and length of time for which a higher-earning spouse may […]
What is Parental Alienation and How Does it Influence a Custody Award?
Even though a custody award is initially for joint custody arrangements, parental alienation is a circumstance that can lead to custody modification. If parental alienation becomes an issue, a Virginia Beach child custody modifications attorney can help you protect your rights and do what is in the best interests of the children. Parental alienation refers […]
