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...
Marital and Hybrid Property in Virginia Divorce
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...
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...
I’ve never come across a parent who admits that he (or she) is deliberately making things difficult on the children. No, almost every single parent I’ve met – including the opposing parties – insist that its all about the kids. But it’s not as though there’s only one way to move through a separation, divorce,...
In Virginia, there is no requirement that you hire an attorney to represent you in a divorce or custody case, whether at the juvenile or circuit court level (or even beyond, if your case merits an appeal). If you choose not to hire an attorney, you represent yourself. We call people who represent themselves pro...