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How long do we have to be married to get half the house?

November 13, 2019 By Katie Carter

How long do we have to be married to get half the house? There are a lot of myths and misconceptions about divorce and the divorce process in Virginia. When it comes to property division, there’s a lot of confusion and misunderstanding. I like to think that a big part of my job is just providing education, so that women know what to expect and at least how the law works. I saw a question the other day, “How long do we have to be married to get half the house?” and I knew I had to address it, … [Read more...]

Filed Under: Uncategorized Tagged With: divorce, house, hybrid property, marital property, separate property, separation, virginia

How is debt divided in Virginia divorce?

August 5, 2019 By Katie Carter

How is debt divided in Virginia divorce? After the market crashed in 2008, we handled a lot of cases where there was more debt than anything else. It was terrible. Houses were underwater, and I’ve never seen such high credit card debt. In fact, at that point, it seemed like a lot of people decided to stay together because they really couldn’t even afford to divorce. As the market has picked back up, so too have the number of divorces. I mean, I get it. If you’re going to lose too much, it’s … [Read more...]

Filed Under: Uncategorized Tagged With: adultery, credit cards, debt, division of debt, divorce, hybrid property, marital property, separate property, separation, waste

3 Ways a Virginia Prenup Can Hurt You

May 22, 2019 By Katie Carter

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 agreement if all things were relatively equal. The “need” for a prenuptial agreement arises when there’s already an uneven amount of bargaining … [Read more...]

Filed Under: Uncategorized Tagged With: alimony, divorce, marriage, prenup, prenuptial agreement, retirement, separate property, separation, spousal support

Vacation Homes and Divorce

April 27, 2018 By Katie Carter

Equitable distribution is the fancy way we describe how property is divided in the Virginia divorce process. Under equitable distribution, the court looks at all a couple’s assets (the things that are worth money) and liabilities (yes, your debt gets divided, too!) and makes a determination about what each former spouse should take away from the marriage. How are assets and debts divided in Virginia? There are two ways that assets and debts can be divided in Virginia divorce. Either an … [Read more...]

Filed Under: Uncategorized Tagged With: divorce, equitable distribution, equity, hybrid property, marital property, mortgage, real estate, real property, refinance, separate property, separation, underwater, vacation homes

His, Hers, Ours: Classifying Property in Divorce

October 23, 2017 By Katie Carter

When you’re happily married, everything is “ours”.  But as soon as one of you starts talking about a potential separation, it’s funny how many things suddenly become “mine” – especially from a man’s perspective.  I’ve only ever represented women only in divorce and custody cases, so I can speak most easily and comfortably about a woman’s mindset. For the most part, women aren’t the ones saying, “That’s mine.”  Women, in general, are much more giving and understanding of the fact that what was … [Read more...]

Filed Under: Uncategorized Tagged With: divorce book, equitable distribution, hybrid property, marital property, monthly divorce seminar, property division, Second Saturday, separate property, Virginia divorce, what women need to know about divorce

Keeping the House in Virginia Divorce

September 11, 2017 By Katie Carter

In a divorce, there are often a lot of assets, but none quite so big (or emotional) as the marital home.  Most women who come meet with me have really strong feelings about what they’d like done with the house.  Whether they want to keep it, sell it, are hoping for a short sale, or something else, it’s important to deal appropriately with the house. Sure, there are a lot of assets tied up in retirement, too, but in many ways, in Virginia at least, dealing with retirement is easy.  In some … [Read more...]

Filed Under: Uncategorized Tagged With: foreclosure, house, hybrid property, keeping the house, marital property, marital residence, refi, refinancing the house, selling the house, separate property, short sale, Virginia divorce

Selling the marital residence in Virginia divorce

August 14, 2017 By Katie Carter

In many marriages, the house is the biggest asset.  In others, it can be the biggest liability.  Either way—asset or liability—the way the house is handled in divorce is a really big deal.  Whether you want it, he wants it, or you just want it gone, the marital residence is a biggie. Whether you want it, he wants it, or you just want it gone, the marital residence is a biggie. Whether it was the home you brought your first child home to, the first big purchase of your adult life, or just the … [Read more...]

Filed Under: Uncategorized Tagged With: custody, divorce, hybrid property, keeping the house, marital property, marital residence, selling the house, separate property

Prenuptial Agreements and Virginia Law

June 12, 2017 By Katie Carter

Let me just say this: prenuptial agreements aren’t all that common. And, if your soon to be husband has presented you with one, you have three options: 1. Sign it as is, and hope for the best. (Generally not recommended.) 2. Don’t sign it. Walk away, and hope he’ll marry you anyway—but with full knowledge that this may be the end of your relationship. 3. Negotiate a better result. I don’t like prenuptial agreements for a lot of reasons, but, most specifically, (and the one that’s resonating … [Read more...]

Filed Under: Uncategorized Tagged With: divorce rights, marital property, prenup, prenuptial agreement, separate property, Virginia divorce, virginia law

Student Loans and Divorce

May 8, 2017 By Katie Carter

Student loans are a reality of the world these days and, if you’ve got them, you’re definitely not alone. (In fact, you’re preaching to the choir.) In fact, these days, more people have student loans than don’t have them, and the average amount of debt each person carries is greater than ever before. It’s pretty staggering, in some cases, how much loan debt one person can carry. We can debate the ethics of lending so much money to students pursuing careers that will ultimately leave them unable … [Read more...]

Filed Under: Uncategorized Tagged With: divorce, hybrid property, marital property, separate property, spousal support, student loans, virginia

He’s taking money out of our IRA! What should I do?

April 14, 2017 By Katie Carter

All sorts of different things spur women to take action in their divorce cases. One of the more common things I hear is that a husband has taken a withdrawal from an investment account, usually without wife’s knowledge. Usually, these women come in, panicked, thinking that because of their husband’s sneaky behavior that there’ll be less to distribute in the divorce. In some situations, that can be the case. It is possible that he has wasted enough of the assets, over a long enough period of … [Read more...]

Filed Under: Divorce Lawyer Virginia Beach Tagged With: contested divorce, divorce, divorce rights in virginia, finances in divorce, husband stealing, hybrid property, IRA, marital property, pendente lite, separate property, wasting of assets, withdrawing money

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I want sole legal and physical custody of our child

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Unmarried, Stay at Home Virginia Mom: Will I have to get a job? We talked the other day about being … Read More...

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