Estimated Reading Time: 4 Minutes 20 seconds
In a Virginia Divorce, Judges Only Divide Marital Assets Acquired Before Separation
In a Virginia divorce, you must live separate and apart for either 12 months (with kids) or 6 months (without kids) in order to file a no- fault divorce.
Estimated Reading Time: 3 Minutes 30 seconds
Dividing and distributing assets in a Virginia divorce is a four-step process:
Identify and determine ownership of the asset;
Determine the value of the asset;
Classify the asset (does it belong to the marriage or to an individual spouse); and
Reach mutual agreement on how the asset will be divided using the law as a guideline, being mindful of tax implications, and assessing fairness considering a variety of factors, both financial and non-financial.
Estimated Reading Time: 4 Minutes 20 seconds
In a Virginia Divorce, Judges Only Divide Marital Assets Acquired Before Separation
In a Virginia divorce, judges have the power to divide and distribute assets and debts that were acquired during the marriage, known as “marital property” (a legal classification). The term “during the marriage” is defined as beginning at the date of the couple’s marriage and ending at their date of separation (not the date of divorce, as most people believe).
Judges, in a Virginia divorce, do not have the power to divide and distribute assets and debts which were not acquired during the marriage, known as “separate property” (a legal classification). The term “separate property” includes assets and debts acquired prior to the marriage, after the parties’ date of separation, and acquired by inheritance or gift.
Estimated Reading Time: 2 min 30 sec
There is no guarantee of alimony in a Virginia divorce. There are rules of thumb — but no hard and fast laws. Attorneys in Virginia accurately refer to alimony (also called spousal support) as the “Wild West.
Estimated Reading Time: 2 Minutes 20 seconds
Parenting is a one-shot deal. And when it comes to divorce or separation, it is rarely going to be a super positive event for your children. There are always opportunities to make the best of things, though, and that will be your job throughout the process.
Estimated Reading Time: 3 Minutes 40 seconds
Contemplating divorce and unsure how to proceed? It's only natural to feel nervous about finding the right way to end a marriage- which is always a stressful time with lots of uncertainties. If you have decided that staying out of the fray of negative, time-consuming, and often cost prohibitive litigation is the right choice for you, you will likely be on the hunt for a good divorce mediator.
Estimated Reading Time: 3 Minutes 50 seconds
In a Virginia divorce, there must always be grounds for divorce. In a "no-fault" divorce, those grounds are based on a period of separation.
With minor children, couple seeking divorce must live separate and apart for one year.
Estimated Reading Time: 1 Minute 40 seconds
Mediation is a confidential settlement process in which a trained, neutral settlement expert — the “mediator” — facilitates communication between the parties. Without deciding the issues or imposing a solution on the parties, the mediator enables them to better understand each other’s positions and to reach a mutually agreeable resolution to their disputes.
Estimated Reading Time: 4 Minutes 40 seconds
When families break apart in a divorce, many parents do not know where to turn to get help. Divorce lawyer? Divorce mediator? What is best when it comes to planning for children when their parents are getting a divorce? Here is some information to help you choose what route to take:
Parents must decide whether they want the fate of their children’s upbringing to be made within the family unit (by mom and dad) or by a judge.
Estimated Reading Time: 8 Minutes 50 seconds
Starting Jan 1, 2019, the long-standing tax rules associated with alimony have significantly changed, and alimony is no longer tax deductible by the payer; nor is it taxable to the receiver. The new law, however, does not apply retroactively.
