After a Virginia divorce, emotions can run high, and children can easily get caught up and used as pawns in their parents' drama. When co-parenting disagreements get out of hand, one parent may speak disparagingly about the other parent to the children. A parent may do this simply because he or she needs to vent, or in a deliberate attempt to turn their child against the ex-spouse. Either way, this kind of behavior can tear a family apart and damage a child's sense of safety and … [Read more...]
I’m not wealthy; should I still consider a prenuptial agreement in the case of a Virginia divorce?
Having a prenuptial agreement is a good idea even if you're not wealthy. The simple premise for this is if you were to one day seek a Virginia divorce, a prenuptial agreement gives you and your husband more control over what happens to your assets, as opposed to a judge. In some ways, it's just common sense. Would you want someone who is a complete stranger to your marriage, someone you've never met, to make decisions that could permanently alter your financial well-being? A … [Read more...]
Is there any waiting period to get divorced in Virginia when my husband commits adultery?
There is no waiting period to get a divorce in Virginia when your husband commits adultery. This is a big deal, because otherwise, the courts require separation periods of 6 months to 1 year to even be able to file for divorce. The waiting period for a divorce in Virginia is waived in this circumstance because the courts take adultery very seriously. This means that you'll be able to speed up the Virginia divorce process and move on with your life that much quicker. Being able to prove … [Read more...]
Should I be worried about the effect of my Virginia divorce on my kids and what can I do to alleviate some of the impact?
When you're going through a divorce in Virginia, you'll naturally be concerned about how it'll affect your children. While it's true that children with divorced parents are statistically more likely to experience mental health and social problems, there are still things that you can do to alleviate some of the impact of your divorce in Virginia on your kids. Going through a divorce in Virginia deeply affects everyone involved, and children with divorced parents have been shown … [Read more...]
What is a Virginia co-habitation agreement and is it the same thing as a prenuptial agreement?
A co-habitation agreement is a legal document that unmarried couples can use to outline both partners' rights and responsibilities during the relationship and/or in the event that the relationship ends. In many ways, a co-habitation agreement is similar to a prenuptial agreement, which would come into play during the course of a Virginia divorce. It helps the couple prepare for whatever might lie ahead in their relationship, and helps prevent one partner from taking unfair advantage of the … [Read more...]
What are my children’s rights to Survivor Benefits after a Virginia divorce?
If you're going through a military divorce in Virginia, you'll want to learn all you can about your rights and your children's rights to the Survivor Benefits Plan. An experienced Newport News divorce attorney can explain all the military rules and regulations that might impact your children's rights to survivor benefits. Military regulations stipulate that there can be only one recipient of survivor benefits at any given time. There are certain circumstances in which a … [Read more...]
May I receive my ex’s VA Disability Benefits in my Virginia Divorce?
While you can't receive your ex's VA disability benefits in your Virginia divorce, you can still receive a portion of your ex's military retirement pay. In the past, a military member had to waive all or a portion of his non-disability pay to receive VA disability benefits. Former spouses who were only eligible to receive the non-disability portion of the ex-husband's retirement pay were left with little recourse. When the military member would waive his non-disability … [Read more...]
Can my ex-husband’s military pay be withheld for Virginia child support?
Fortunately, the military provides a way for the former spouses of military members to receive child support from military pay. If the courts have awarded you Virginia child support to be paid through your ex-husband's military pay, you can have a portion of your ex's paychecks withheld through the Defense Finance and Accounting Service (DFAS). The DFAS handles government fiscal issues, such as military pay and members' child support payments. The military imposes certain … [Read more...]
How does the USFSPA (Uniformed Services Former Spouses’ Protection Act) affect my Virginia divorce?
The Uniformed Services Former Spouses' Protection Act, or USFSPA, was passed in 1982 and gives the state authority to treat military retirement pay as marital property in a military divorce in Virginia. The USFSPA also provides a way for the Department of Defense to enforce court orders that grant you a portion of retired military pay. While the USFSPA does grant you the opportunity to receive automatic retirement pay benefits, the government regulations regarding military retirement pay … [Read more...]
Why am I not receiving the full amount of Virginia child support from my ex-husband’s withheld military pay?
The most common reason for not receiving the entire amount of ordered child support from your ex-husband's military pay is that he doesn't have enough disposable income. The military abides by the Consumer Credit Protect Act (CCPA), which limits the amount of your ex-husband's military pay that can be deducted for Virginia child support. Military regulations can be complicated, so consider discussing your case with a Newport News divorce attorney to better understand all the … [Read more...]
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