Dividing Retirement Accounts in Divorce

Dividing Retirement Accounts in Divorce

One of the biggest assets that we divide in divorce are retirement accounts. Whether we’re talking about IRAs, 401(k)s, 403(b)s, pensions, stock options, TSPs, or any other type of account, if they were earned during the marriage, they’re marital property and subject to division in any action for divorce. Retirement is actually (usually!) an easy...

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Financial Abuse in Virginia Divorce

Financial abuse is a major issue in many divorce cases, especially when there’s a big disparity in income between the parties. For two spouses with a roughly similar income (even if that income isn’t super large), the act of separating and setting up separate houses, though difficult, isn’t nearly as complicated or as consuming as...

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Litigated Virginia Divorce

I spend a lot of time talking here about separation agreements, uncontested divorces, and how, in general, it’s often ideal to avoid going to court to have your assets and liabilities divided. In most cases, that’s quite true. But “most cases” is not every case, and you have to think critically about your case, and...

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Emergency Custody Hearings

If you’ve found your way to this page, you probably already know that, in most jurisdictions, it can take several months to get a hearing schedule on custody and visitation petitions with a juvenile court. In Chesapeake, for example, it takes 90 days for the court to review the petitions, and usually another 90 to...

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Should I file for divorce?

Should I file for divorce? I get it. Divorce is frustrating. And sometimes, things just aren’t happening as quickly as you’d like them to. What’s the hold up? Why is his attorney taking so long? Is he even ever going to respond, or is he just jerking you around? Do you stand a chance of...

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What to expect at a pendente lite hearing

One of the main reasons people file on fault first isn’t because that would necessarily be their first choice.  Many women would prefer to negotiate a separation agreement instead, and not only because an uncontested divorce is typically cheaper, easier, and much quicker.  For a number of reasons, though, they may feel more or less...

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Why file on fault in Virginia divorce

I spend a lot of time preaching about separation agreements.  Obviously–see here, here, and here, for more information.  I talk a lot about how useful they are, how much control they give parties over the way their assets will be divided, and the benefits of spending less on attorney’s fees (so you have more for...

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There’s a lot of uncertainty when it comes to most divorces.  At the beginning of the process, tensions are usually high, and there’s a lot of mistrust on both sides.  Coming to the realization that your marriage is at an end is difficult and emotional, and it’s often surprising how fast people go from “till...

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