Divorce can be financially difficult for both parties, particularly in today’s economy. If you are the breadwinning spouse, you may face special difficulties—which include but are not limited to the following:
Your spouse doesn’t (or refuses to) work, so you may be looking at higher amounts of spousal support and child support.
Your name is tied to all of the marital debts because your spouse doesn’t have good credit.
You’re stuck paying everything: a mortgage, two car payments, and massive credit card debt that is more than you can afford.
Your spouse recklessly increases your debt, and only you are held responsible.
Your spouse has requested pendente lite support and attorney’s fees to help him or her carry on the divorce lawsuit.
Unfortunately, these are examples of some of the pitfalls that come with being the breadwinning spouse. Here are four tips to help protect yourself before, during … Read More »
Among the most common questions for many people facing divorce are those relating to spousal support: will the court order spousal support? If so, how much—and for how long? As explained in Is It Really Cheaper To Keep Her Or (Him)?, both local guidelines and the Virginia Code provide guidance on how trial courts are to go about determining the amount and duration of support. However, even with local guidelines and the factors stated in Virginia Code Section 20-107.1, awards of support vary greatly case by case. Nevertheless, the Virginia Court of Appeals recently reiterated the importance of the Code factors, in the Fairfax County divorce case Cleary v. Cleary.
The parties in Cleary were married for 17 years and had three children during the marriage. Both parties were employed, with the husband working as a financial advisor and the wife working as … Read More »
There was a time when divorce was never spoken about on television or in pop culture. In 1962, “The Lucy Show” became the first program to prominently feature the character of a divorced woman (with the character of Lucy’s housemate, divorcée Vivian Bagley).
Today, popular dramas like “The Good Wife” and “Mad Men” feature main characters who are divorced, and any stigma that once existed has disappeared. Reality programs like “The Real Housewives” and “Divorce Court” allow the masses to ogle the “private” lives of those seeking fame but settling for 15 minutes of uncomfortable notoriety.
Now comes a new twist on the portrayal of divorce on television: “Untying the Knot,” which premieres on the Bravo network on June 4th at 10:00 p.m., starring New Jersey matrimonial attorney Vikki Ziegler, along with “appraisal experts” Mark and Michael Millea.
Each episode … Read More »
Ever wonder whether the era of online dating has led to more separations and divorces? According to a recent survey of the nation’s top divorce attorneys, the answer is yes. Fifty-nine percent of respondents in the American Academy of Matrimonial Lawyers (AAML) have seen an increase in the number of cases using evidence from dating websites during the past three years.
Online dating contributes to divorce rates, but is also assisting divorce lawyers across the country in building their cases with easy-to-obtain evidence that can become critical to litigation outcomes.
Of those divorce attorneys surveyed, 64% cited Match.com as a primary source, with eHarmony.com running a distant second at 9%. Fifty-seven percent of AAML respondents singled out the “Relationship Status” listed by users as the most common piece of evidence utilized in their divorce cases, while 15% noted Salary and 7% listed … Read More »
The Fairfax County Circuit Court recently issued an opinion that sheds light on an important aspect of Virginia divorce law: when divorcing parties include a provision for spousal support in a separation agreement that is incorporated into a divorce decree, that spousal support can only be modified later if the language of the agreement specifically allows for modification.
In Gordon v. Gordon, the parties divorced in 2003 after signing a separation agreement that provided for an award of spousal support (alimony). The Agreement made support non-modifiable, stating:
The husband agrees to pay to the wife, as and for her non-modifiable support and maintenance, the sum of One Thousand Dollars ($1,000.00) per month, the initial payment to be made on the first day of the month following execution of this Agreement by both parties, and to continue in consecutive monthly installments on the first … Read More »
Military divorce cases often involve discussion of military retired pay, the Survivor Benefit Plan, and continuation of the spouse’s medical benefits after divorce. A growing topic of discussion in these cases is the servicemember’s education benefits under the Post-9/11 GI Bill. Increasingly, these benefits are becoming a topic of negotiation in separation agreements between divorcing couples.
The GI Bill can cover all in-state tuition and fees at public degree-granting schools. It also provides for a housing stipend and book allowance while in school. The benefits may be used up to 15 years after the servicemember’s discharge from active duty. Eligibility for Post-9/11 GI Bill benefits requires a minimum of six years of service. Separate requirements apply for reservists. Servicemembers may transfer their Post-9/11 GI Bill benefits to a spouse or child, but only after meeting an additional service obligation of four years.
Under 38 U.S.C. § 3020(f)(3), Post-9/11 … Read More »
In the course of almost a decade practicing family law in Virginia, I’ve been able to identify some of the best and worst practices in the field. Four times out of five, if I’m familiar with opposing counsel in a case of mine, I’ll know how the case will proceed. After a while you can identify the attorneys who have their clients’ best interests constantly in mind, and the ones who are lazy or (far worse) less than honest and have the tendency to “milk” a case when simple solutions exist. Luckily these attorneys make up only a narrow sliver of our practice area, but their behavior can give us all a bad name.
Attorneys matter, and who you and your spouse select will have an enormous impact on the way your divorce plays out, for better or worse. Here are … Read More »
When going through a contested divorce or custody case many clients struggle with the concept of discovery, why it is necessary, and how it can benefit their case. Discovery is the legal process in which a party may ask questions of the other party and request documents relevant to the case. Discovery is an integral part of the litigation process because it provides notice to each side of the specific issues in contest, and evidence to help build their case. Many clients find that discovery can be their greatest asset or their worst enemy. For those clients that struggle with the discovery process it is generally because they are unprepared. Here are five tips for making the discovery process work for you:
Prepare before or at the beginning of the case. Discovery is typically issued at the onset of the case. Once … Read More »
Delegate Scott A. Surovell, a Fairfax family law attorney, has introduced House Bill 940 (HB 940) to decriminalize adultery in Virginia. Virginia Code Section 18.2-365 defines adultery as the act of a married person voluntarily engaging in sexual intercourse with any person not his or her spouse. Currently, adultery is punishable in Virginia as a Class 4 misdemeanor—which has serious repercussions for parties seeking to divorce their spouse based on the ground of adultery.
Because adultery is a crime in Virginia, a spouse accused of adultery in a divorce can assert their 5th Amendment right against self-incrimination, and refuse to answer questions about the adulterous behavior. This can make proving adultery in Virginia divorce cases extremely challenging. In effect, the criminal law against adultery serves to shield those accused of adultery in their divorce cases.
If HB 940 passes and becomes law, the penalty for committing adultery would … Read More »
If you are going through a divorce or other family law case, it is advisable to hire an experienced family law attorney as early in the process as possible. Not only will your attorney help guide you through the process, he or she will also serve as your advocate and voice so that you can get the best possible result without having to stand alone. It is no secret, however, that legal fees in a family law case can be expensive—and you want to receive value for your money. Here are five tips for getting the most from the relationship with your family law attorney:
Pick wisely. Not all attorneys are created equal. Make sure you feel comfortable with your attorney’s personality, level of professionalism, and views about your case. Feel free to seek a second opinion with another attorney so that you … Read More »