Seemingly every week, we hear the depressing news of another marital relationship on the rocks. Whether it involves family, friends or just celebrity gossip (this week, News Corp CEO Rupert Murdoch and his wife Wendi Deng are splitting), divorce has become an all-too-familiar part of modern American life. And although the divorce rate has dropped each decade in the past 40 years, roughly one-third of first marriages are still destined for failure (depending upon how the rate is calculated).
So what’s causing all of these divorces? I have spent my entire career in family law, and have witnessed countless ruined marriages up close and personal. Over time, I’ve been able to gain some perspective on the most common reasons for divorce. As I see it, there are four major causes, with the first one being far more important than the other … Read More »
NFL star and 2006 first overall draft pick Mario Williams has filed suit against his former fiancée seeking recovery of the 10.04 carat diamond engagement ring he gave her in February 2012. Williams claims that his ex, Erin Marzouki, never intended to marry him, and that she had promised to return the ring if the engagement ended. The two-time Pro Bowler brings this claim under the “conditional gift rule” – the idea that a gift is not truly given until something else happens.
The thinking here is that the engagement ring is given “on the condition” that the marriage occurs. If the parties marry, the gift is completed and the ring becomes the receiver’s separate property. If the parties don’t marry, at least in Texas, the court would look at the reasons why the marriage didn’t happen. In Virginia, however, the … Read More »
If you are like most people, you want to minimize the costs of your divorce as much as possible. You’ve heard the stories about skyrocketing attorney fees and you intend to do everything in your power to avoid them. Plus, you and your spouse seem to be getting along and you think you’ll be able to come to an agreement on most or all of the marital issues. So you start browsing around online for a good template for a property settlement agreement or separation agreement. You can pick and choose the language you like and don’t like, and then you can add in provisions that seem like a good fit for you and your spouse. Sounds like a good plan, right? Think of all the legal fees you’ll save!
The problem with this approach, however, is that by cutting corners, … Read More »
This is a guest post by board certified family law attorney Scott Morgan. He is the founder of the Morgan Law Firm which has offices in Houston, Austin, and Sugar Land.
Anyone who is going through or has gone through a divorce can tell you how important it is that you have a very good attorney. But what not many people will tell you is that regardless of how good an attorney you have your results will suffer if you and your attorney cannot work together effectively. Having practiced family law for nearly 20 years I have a few ideas of what it takes to effectively work with your divorce lawyer. Here are my five favorite tips to help your divorce lawyer do a good job on your case.
Tip #1 – Don’t Hide Things from Your Lawyer
Lying … Read More »
Going to court for the first time can be an intimidating experience. Whether you are facing criminal charges or find yourself in court in a divorce or custody case, remaining calm in court can really help you make your most effective case. We put together the infographic below to help you understand all the different parts of the courtroom, so you can feel at ease on your day in court. This infographic explains who people are, what they do, and where they sit. We’ve also included some interesting facts about courtrooms, and funny quotes from actual court cases.
Our experienced attorneys feel right at home in the courtroom– hopefully this information will allow you to also be at ease in front of the judge or jury.
Click the image to see a bigger version
If you enjoyed this infographic, or found it useful, feel free to use it on … Read More »
When you find yourself on the path to divorce, you quickly realize that it is a challenging process, both procedurally and emotionally. A divorce can become even more complicated if your spouse is incarcerated. Though the process may be somewhat different, the fact that your spouse is incarcerated does not prevent you from obtaining a divorce in Virginia.
In fact, incarceration is one of several fault grounds for divorce in Virginia. Virginia Code Section 20-91(A)(3) states that if one of the parties to a marriage has been convicted of a felony, and sentenced to confinement for more than one year, a divorce may be granted. However, you should be aware of some caveats to this ground for divorce. In order to proceed for divorce on this ground, your spouse’s conviction and sentencing must have occurred after the date of marriage and … Read More »
Mediation is an increasingly popular form of alternative dispute resolution, used by more and more divorcing couples in Virginia. But, how do you know when mediation is in your best interests?
The goal of mediation is to effectuate a settlement between two opposing parties through the presence of a neutral third party. The strategies employed by mediators vary greatly and the length of the process can range from a couple hours to a number of days. For example, some mediators prefer to work collectively with the parties and attorneys to come up with an efficient solution. Others prefer to work with each party individually and determine his or her most important interests, and then relay those interests to the other party in a less contentious manner. “Offers” may be exchanged back and forth.
Ultimately, the result achieved from mediation is not binding … Read More »
Virginia is an equitable distribution state, meaning that the court has the authority in your divorce suit to classify the property of the parties as separate, marital or hybrid, to distribute any jointly owned marital property between the parties, and to grant a monetary award to either party to ensure that the division of marital property is fair and equitable.
The law of equitable distribution is complex, and not every detail will be addressed in this blog post. The purpose of this post is instead to set forth a few simple principles to help you determine what property will be off-limits to your spouse in your divorce case. In other words, what do you get to keep? What is your sole, separate property not subject to equitable distribution?
Generally speaking, the following kinds of property will be classified as separate in Virginia:
Property … Read More »
When a couple has the misfortune of proceeding toward divorce, often the marital home is the most valuable property to address. There are many things to consider when navigating this process in Virginia, and here are a few of the most important questions that must be answered.
How is the home titled and who is listed on the mortgage?
This will help to determine the options that are available for you. For example, if both parties are listed on the mortgage, and if one wants to keep the home, he or she will need to qualify for a refinance to remove the other’s name and take on the debt in full. And if the home is jointly titled, the party relinquishing it will need to execute a quitclaim need, special warranty deed or general warranty deed for the other.
Is the home marital, … Read More »
What Happens at Civil “Term Day”
Stafford County is one of the busier jurisdictions in Northern Virginia, with a very active civil docket. On any given day, a Circuit Court Judge may hear a debtor-creditor action in the morning, a landlord-tenant dispute before lunch, and then spend the entire afternoon on a child custody case. The judges’ calendars are carefully monitored, allowing parties sufficient time to have their day in court. On the civil side, trials are scheduled on “Term Day.”
Stafford’s civil term is a period of three months, with new terms beginning on the first Monday in January, April, July and October. The first day of each term is commonly referred to as “Term Day.” At Term Day, any case that is “mature” (ready to be heard) may be placed on the docket to have a trial date set with … Read More »