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Should I waive spousal support?

  I like to say that, when it comes to divorce and custody cases, there aren’t a lot of rules. I mean, there are some rules – after all, we have to follow the Code of Virginia – but what I mean is that, when it comes down to determining what’s right and wrong for…

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 records do I need for my Virginia divorce?

I recently taught our Second Saturday seminar in Newport News, and I met a woman there who is providing the inspiration for this post. I think she hoped to learn everything there is to know about divorce in 1.5 hours, which is an admirable, but probably impossible, feat, though I was impressed with her diligence…

3 Ways a Virginia Prenup Can Hurt You

Prenuptial agreements aren’t a whole lot of fun. In almost every case I’ve ever seen, one party has the other party completely over a barrel, and it diminishes any amount of bargaining power that she might have otherwise had. But, then again, that’s the point, isn’t it? There’d be no real need for a prenuptial…

I drafted a Separation Agreement, but he won’t sign. What next?

You’ve agonized over the decision for months – sometimes, even years. After reflection and prayer and therapy and everything else you could think of to try, you’re ready to move forward with your divorce. I’ve seen it so many times! The initial consultation is often filled with tears, but, by the end, the woman walks…

Should I take my husband to court?

Divorce and custody cases aren’t like personal injury cases. At the end of the day, all you have to divide is what was already there to begin with – so, most of the time, people wind up with less than they had before. I mean, if you think about it, it makes sense. If you…

Already divorced, but need more help

Question: I’m already divorced, but I need some help. My ex husband and I drafted our own separation agreement, signed it, and moved forward with our uncontested divorce. Now, I want to do whatever I need to do to make sure I get my share of my husband’s retirement. Our agreement is very short, and…

Dividing Retirement in Divorce

There’s a common misconception that, without exception, after divorce each spouse will walk away with 50% of the retirement accounts. The reality is just a teensy bit more complicated than that. You should definitely know, ahead of time, what your marital share of the retirement accounts will look like. First, let’s take a look at…