In family law, we are in the interesting and sometimes enviable position of being able to aid our clients in developing facts beneficial to their cases.
Same-sex couples are now free to marry in the Commonwealth of Virginia, and same-sex marriages performed in other states are now recognized in the Commonwealth. This means that same-sex couples are now also free to divorce in the Commonwealth, provided they meet the jurisdictional requirements.
Prenuptial Agreements are wise for anyone entering into a marriage with wealth they want to protect. The reasons individuals may want to protect themselves vary.
Remarrying and merging families can be tricky, but for most people, over time, they enjoy having the support of additional parents. It is common for some step-parents to take on the role of "mother" or "father" when a biological parent may be absent from the child's life or in some cases the step-parent is better able to serve the child's needs. In cases like this, some families may consider a step-parent adoption.
Are you or your spouse considering a separation? If so, there is a lot to consider before you make any decisions or take any action. Regardless of who makes the decision, both spouses and your family members will be affected. It is advisable that you seek the advice of an attorney as soon as possible.
Child support is the amount of monetary support agreed to by the parties or awarded by the court for the support of the parties' children. Factors to consider for child support include childcare costs, health insurance costs, the incomes of each party, after spousal support is determined, and the timesharing arrangements for the children.
If you are a parent, your children are probably your greatest concern. There is no "standard" timesharing/visitation to determine physical custody. The arrangements that work for one family won't necessarily meet your or your children's needs. Significant time and attention must be spent on formulating the right plan for physical and legal custody of your children.
During separation, to the extent that the parties agree, they are free to divide assets and debts prior to divorce. The court, however, will not usually intervene to apportion property during separation. At the request of either party, the court will enter an order preventing either party from transferring, dissipating, or wasting marital assets or assets that may be marital assets.
In recent years, the U.S. has experienced a trend toward the increase of "late life" or "grey divorce", both terms referring to divorces involving those in their fifties or older. Many of the typical issues faced by separating and divorcing couples take on a unique, or even more urgent, character when faced by those in "grey divorces".
During separation, if there is the need on the part of one spouse and the ability on the part of the other spouse to pay, the court may award temporary spousal support. This is called Pendente Lite support. In Fairfax County, a specific calculation is used to determine spousal support. Other jurisdictions may consider the Fairfax method, however, they are not bound by it. Usually there needs to be a disparity in incomes by about 30%, or other factors such as high costs of living born by the party needing support.
While a final decree of divorce is exactly that, situations may arise that require the court to revisit a final decree. Examples include if a party found that the other hid assets or otherwise lied to the court to gain an advantage or a party has failed to abide by the court's ruling. In these and other instances, the court will step in to rectify the situation if the parties cannot agree on a resolution.
Child support is for the children, therefore it cannot be waived permanently by the mother or father, although it can always be modified based upon a change of circumstance, even after entry of a Final Order of Divorce. A change of circumstance may include an increase or decrease in either parents' income, a change in health insurance premiums or work-related childcare costs.
If you and your spouse reach an agreement on the final division of your assets and liabilities and memorialize it into a Property Settlement Agreement or other similarly named document, you have likely included wording that the agreement constitutes the complete agreement of the parties. This is the wording you want, as you do not want an open door for future disputes. However, it is possible that unforeseen events can impact your agreement and disputes arise. The question is, does the agreement reached provide for the unforeseen event, or does it not?
A motion to modify custody may be filed by a party at any time after an initial child custody determination. A successful motion will be filed only if the person seeking the change in child custody can demonstrate to the court that there has been a change in circumstances since the court's last determination or order and that those changes warrant a change in custody because such a change is in the child's best interests.
Spousal support modification depends on if you and your spouse entered into an agreement regarding spousal support, if the court awards you and/or your spouse a reservation of right to spousal support, or if a court order or agreement leaves open the issue of spousal support.
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