Articles

The Death of Spousal Support?

Spousal support is a complex area of the law, mostly because it’s so uncertain. Still, I’ve written before about spousal support (see How Spousal Support Works, Gold Diggers and Spousal Support, and Could YOU Have to Pay Spousal Support to HIM?) and tried to give guidelines to help you determine what might be awarded in...

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How to File Taxes When You’re Separated

When you’re separated, it can make tax time a little confusing. You’re not really single, but you’re not really married, so how do you file? The answer is that it’s really up to you. You can’t file single, because you’re not, but you do have a choice whether you want to file as married filing...

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Important Tax Considerations in Divorce

Divorce attorneys are, with very few exceptions, not tax attorneys. However, that does not mean that we have zero experience when it comes to tax issues. There are specific tax-related issues that come up in a divorce. Spousal Support and The Mortgage Interest Deduction Spousal support is taxable to the person receiving it and tax...

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Very few divorces these days are actually granted on fault-based grounds. In most cases, even if a party initially files on a fault-based ground (such as adultery, cruelty, or desertion), they usually switch over and pursue a no-fault divorce by the end of the process. Why? Well, it takes less time, costs less money, and...

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Do you really want a fault based divorce?

In your divorce, every choice you make should further your ultimate goal. What's your ultimate goal? Well, that's different for every woman, but in most cases, the goal is to retain as much of the marital assets as possible. In a divorce, unlike in a personal injury case, all you have to divide is what...

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Calculating Military Retirement Benefits Will Make Your Head Hurt in Hampton, VA One of the more complicated topics for a military spouse going through a divorce is how to calculate her marital share of the servicemember’s retirement. Before we even get to that, we need to be able to calculate what the actual, total military...

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Can I relocate with my child?

Especially since we live in an area with a large military population, relocation is a big issue in divorce and custody cases. We have lots of women here just because this is where their husbands were stationed. They have no particular attachment to the area, and their entire family support system is somewhere else. When...

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In Virginia, condonation is a defense to a divorce filed on grounds of adultery. Condonation happens when you know that your husband has committed adultery and, after learning of it, you sleep with him. It works in reverse, too. If you’re the one who committed the adultery, and he sleeps with you after learning of...

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