Should I consider “letting some things go” after my Virginia divorce when it comes to a stressful co-parenting situation?

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,…

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…

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…

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…

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…

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…

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…

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)….

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…

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…