In Virginia, we have three separate classifications for property: separate, marital, and hybrid. How property is classified impacts how it will be divided in a divorce. Marital and separate property are clear; what is marital is divided in the divorce, and what is separate belongs to the party who separately owns it. Hybrid property, on...
Virginia Hybrid Property
In a divorce, we divide marital property. What constitutes marital property can vary from state to state, so you should familiarize yourself with the laws in your particular state – or Commonwealth, as in the case of Virginia, where I practice. Though I imagine that the words may vary but the specific application is similar...
As much as we often try to keep things amicable in a divorce or custody case, there are some things that are fairly well established hard and fast rules. Dividing the retirement, for example, and how to handle division of equity in the home – easy peasy. Some of the more complicated issues are usually...
Remember the ending scene in When Harry Met Sally? Harry realizes he loves Sally and wants to be with her, and he says, “When you realize you want to spend the rest of your life with someone, you want the rest of your life to start as soon as possible.” It’s kind of like that...
There are few hard and fast rules when it comes to separation and divorce. While many decisions that you make are going to be up to you, I would always point out that, in general, the time after a woman makes the decision to separate from her husband is potentially particularly dangerous. I don’t...
When a marriage starts to fall apart, it’s definitely not the most comfortable experience – especially if you and your soon-to-be ex are still living under the same roof. In most family law cases, the facts really, really matter, so its hard to make generalized, one-size-fits-all type statements. If you’re living in the same home,...
The general wisdom seems to be that, if you bring property into a marriage, you should protect it with a prenuptial agreement – or, even, by not getting married at all. I can’t tell you how many times someone has told me this. That’s why it’s always a very good idea to talk to an...
I don’t want to be accused of being dramatic, at least not where divorce and safety is concerned. I totally get that this probably isn’t a topic that you want to discuss, but if yours has been a difficult marriage, it’s a good idea to move forward keeping your safety in mind. You absolutely should...