Debt is challenging under the best of circumstances, but when you’re considering a legal separation or a divorce, it can be a particularly challenging extra layer of complication. On its face, dividing debt is the same as dividing assets – in most cases, we look to the source of the debt, classify it as...
Credit Card Debt and Virginia Divorce
A “Gray Divorce” is the term that is used nowadays to describe divorces where the parties are over the age of 50. You may not prefer the term – because, hey, JLo is over 50, and she’s TOTALLY not gray – but the reality is that we often lump these types of cases together...
In Equitable Distribution, the legal process through which we divide the assets and liabilities of a marriage between the parties, the court doesn’t automatically assume a 50/50 split. This is different than states that follow a Community Property model of division. In equitable distribution (or ED, as we sometimes call it), it’s almost like...
Spousal support is one of the trickier areas of law. For one thing, husbands don’t want to pay it. A few years back, the law was changed so that spousal support is no longer tax deductible. Though that sounds like a good thing – who doesn’t love money that the IRS isn’t counting towards your...
Divorce changes things. Though many women are quick to point out to me that the equitable distribution factors cite the standard of living established during the marriage, there’s often no way to maintain that standard post-divorce. Most people live up to their means, and there’s just not room in the average family’s budget to...
In many cases, it’s not necessary to use fault based grounds for divorce. After all, if you file on fault, you’ll have to litigate to prove to the judge that your grounds exist. Because, depending on the grounds, different civil and criminal penalties apply, you’ll have to meet a specific burden of proof, and that...
Divorce puts many a woman in a pretty tough spot financially. It can be hard to get your feet back under you afterwards, and it’s tempting to think of any place where you might be able to skim a little money oft the top in an attempt to reestablish some degree of normalcy. In virtually...
How can I convince him to agree to my proposed distribution of assets? I’m continuing a conversation that I’ve been having all week, about a woman I met at a recent Second Saturday seminar monthly divorce seminar for Virginia women. On Monday, I discussed the kinds of records you should have to prepare for your...