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We’ve always had separate accounts – so we’re good, right?

  I’m always surprised at just how many people maintain separate bank accounts throughout the entirety of their marriage. Though I definitely understand the desire to keep things separate – and maybe to share expenses in a mutually owned household account – I do think that it often causes confusion about what is marital property…

Does it matter who files first in Virginia divorce and custody?

Does it matter who files first in Virginia divorce or custody? I was recently reading a book, “The Respondent”, about a dad who faced a divorce and ongoing custody battle in California, allegedly as a result of the lies his wife told about his relationship with his two young boys. I have a lot of…

Divorce and Your Credit Score

  You credit score is probably one of those things that you don’t think about all that often. After all, it’s not like it’s something that you need to use very often. In a divorce, though, I’ve found that it’s often one of the first things that slips. Almost immediately after the parties start to…

What makes a good separation agreement?

It’s the million dollar question, and it’s a hard one to answer because, frankly, what makes a good separation agreement is something that is completely and entirely subjective. Though you may have two women who’d answer the question the same – like, for example, that they just want it to be over, or they just…

Credit Card Debt and Virginia Divorce

  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…

What is a Gray 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…

Negative and Positive Monetary and Non Monetary Contributions

  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…

Instead of spousal support, can he cover the mortgage?

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…

What is imputation of income in Virginia family law cases?

  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…

Why Would I File A Contested Divorce In Virginia?

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…