Robert L. Isaacs & AssociatesRobert L. Isaacs & Associates2024-01-03T19:37:42Zhttps://www.robisaacslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303154/2022/11/cropped-site-identity-32x32.pngOn Behalf of Robert L. Isaacs & Associateshttps://www.robisaacslaw.com/?p=2546902024-01-03T19:37:42Z2024-01-03T19:37:42ZSeparation period
The law in Virginia requires divorcing parties to live separately before filing for a no-fault divorce. A no-fault divorce is the dissolution of a marriage that does not require a showing of wrongdoing by either party. In no-fault cases:
The couple must separate for 6 months if they do not have children.
The couple must separate for 1 year if they have children.
During this separation period, both individuals must live apart (separated) with no cohabitation or reconciliation attempts.
At-fault grounds
In an at-fault divorce, besides the above, the filing party must allege one or more of the following grounds for divorce:
Adultery
Cruelty and fear of harm
Desertion/abandonment
Felony conviction with prison time of 1+ years
In a no-fault divorce, the individual filing does not have to allege any grounds for divorce. However, the couple must have separated for the periods of time stated above.
Filing for divorce
After the separation period, either spouse can file for divorce. This process officially begins with filing a complaint for divorce with the court.
Serving papers
After filing for divorce, the spouse who filed must notify the other party by giving them divorce papers. A sheriff, a private process server or certified mail are the three ways to serve divorce papers to the other party. The court prohibits any other method.
After serving the other party, the court allows that party enough time to respond to the divorce complaint.
Negotiations and mediation
During this time, the spouses can negotiate or mediate any issues that may come up. This phase allows couples to work through problems using professionals, like a mediator or attorney, to work through matters like property division, spousal support, and child custody. How long this phase takes depends on the complexity of the issues and how contentious the divorce is.
Court hearings
There could be one or many court hearings, depending on whether the divorce is contested or uncontested (contested means that the party does not agree to the divorce). In addition, clients must take into consideration the court’s schedule and caseload, which can affect the timing of the hearings.
Final Decree of Divorce
Once the parties agree on their issues or the court decides for them, the court issues a Final Decree of Divorce. This is the legal document that officially ends the marriage. After the court makes the divorce official, the parties must comply with what is in the Decree (for example, the transfer of property from one party to another or other orders stipulated by the court.)
It is important to note that the divorce process in Virginia can be faster for uncontested cases. The divorce process takes longer when the case is contested. Cooperating with each other and having the willingness to work through issues and negotiate in good faith can also help speed up the process.]]>On Behalf of Robert L. Isaacs & Associateshttps://www.robisaacslaw.com/?p=2546892023-10-12T11:33:03Z2023-10-12T11:33:03ZVirginia has an equitable distribution rule
There is never any certainty regarding how the courts might divide personal property in a divorce, as a judge must interpret the circumstances to decide what is appropriate. The law in Virginia requires an equitable division of marital property, which means a fair solution. Spouses will need to disclose their financial circumstances to one another and the courts. A judge will then apply state law to the marital estate of those divorcing via a litigated process.
A judge must help couples split up the income they earned while married and also the property they purchased during that time in a fair manner. What is fair for one couple would be wildly inappropriate for the next. Therefore, judges need to look at factors including current income levels, separate property, health concerns and even custody arrangements when deciding how to divide marital property in an equitable manner.
Debts can play as big of a role as major assets. Judges can order either spouse to take on some of the marital debt to balance the division of property. They can also order the sale of assets to pay off marital debts in some cases. Although there is never a guarantee about how exactly the courts will divide property, people can expect solutions that prioritize fairness for both spouses.
Learning more about the rules that apply during divorce proceedings could help people develop more realistic expectations and more effective legal strategies. Many people opt, for example, to pursue uncontested divorce proceedings so that they can control the outcome of their property division situation.]]>On Behalf of Robert L. Isaacs & Associateshttps://www.robisaacslaw.com/?p=2546702023-04-11T16:07:28Z2023-04-11T16:07:28ZThe business's value can affect property division
Often, professionals start the businesses that they run during their marriages. Any amount contributed to the business while married can lead to claims of the company being marital property. Financial contributions from the other spouse and unpaid labor that they perform for the company could also open the organization up to risk during the property division process in the Virginia divorce.
Business owners will need to clarify what their business is worth and how much of the company's value is marital property. They may then have to negotiate with their spouse carefully to create a property division arrangement that will protect their interest in the company.
Future revenue can influence support obligations
Both spousal support and child support depend in no small degree on the income of both spouses and their ability to pay support. When one spouse has given up earning potential to help the other focus on developing a company, they may sometimes have a claim to at least rehabilitative spousal support during the divorce.
It is often ideal for the family for the business owner to retain ownership and control of the company, but they may have to make payments to their spouse or make property division concessions elsewhere. When judges decide how to divide property and whether to award support, they will look at the totality of the family circumstances, including each spouse's ability to run the business and outside employment opportunities, when deciding what to do with a company during the property division process.
Recognizing how business ownership can complicate Virginia divorces can help those who are preparing for negotiations or hearings in the family court better assert their rights with the assistance of an experienced legal professional.
]]>On Behalf of Robert L. Isaacs & Associateshttps://www.robisaacslaw.com/?p=2546442022-12-28T23:36:20Z2022-12-28T23:36:20Zthe 20/20/20 rule.
Continue to get certain military-related benefits
Under this rule, the former spouses of military members may continue to have access to medical coverage through Tricare – the U.S. Department of Defense’s military health care system – along with on-base shopping privileges at exchanges and commissaries.
In addition, former spouses also may qualify for certain retirement benefits.
Explaining the rule
But what is the 20/20/20 rule? And how does one qualify for it?
Any former spouse of a military member will qualify for specific benefits as long as these three critical components are in place:
The couple must have been married for at least 20 years.
The enlisted spouse must have served a minimum of 20 years of military service, creditable toward retirement.
The spouse’s military service and the couple’s marriage must overlap for a minimum of 20 years
By understanding the details of the 20/20/20 rule you will gain some peace of mind.
Make sure you qualify
As your long-term commitment to this relationship ends, you must protect yourself. Throughout this marriage, you have made many sacrifices through cross-country and global relocations, career adjustments and explanations to your children. The 20/20/20 rule represents the protection you need as long as you qualify.]]>On Behalf of Robert L. Isaacs & Associateshttps://www.robisaacslaw.com/?p=2546452022-10-11T19:14:08Z2022-10-11T19:14:08Zsome surprising benefits to flying solo again. For example:
You may regain a sense of personal identity
Every marriage requires compromises, and relationships take time. When you look back on what you gave up in order to make room in your life for your spouse, you may find yourself slowly picking up new hobbies or redefining your style. Or, you may feel free to explore your own identity and interests in ways that you couldn’t do while married. That can ultimately make for a much happier you!
You may become a better parent
If your children are still minors, you may worry about how the divorce will affect them – but kids do pretty well if the parental conflict is kept to a minimum. In fact, your relationship with your children may thrive in unexpected ways because:
You won’t be wasting energy on a doomed relationship and all the tensions and squabbles that go along with that. That will give you more energy to focus on the kids.
You get some down time, since your co-parent will have the kids up to 50% of the time. That gives you a chance to pursue your hobbies or relax a little. When the kids come back, that respite can also help you be more focused on their wants and needs.
You may find yourself far less lonely
You don’t have to be alone to feel lonely. In fact, being stuck in a house every evening and weekend with a spouse to whom you no longer feel connected can create a terrible sense of loneliness. Once you’re no longer married, you’re free to seek out the company of people who engage with you, wether that’s emotionally, intellectually or intimately.
If it’s time to get a divorce, find out more about how to get started and what you can do to minimize problems during the process.]]>On Behalf of Robert L. Isaacs & Associateshttps://www.robisaacslaw.com/?p=474882022-07-12T19:17:08Z2022-07-12T19:17:08ZIf you want to clear the air, it may be time to go back to court
One of the better ways to find out exactly what the other person is earning and how much support they should be paying is by going back to court through seeking a child support modification. It’s appropriate to seek a modification in a few different circumstances, such as if the other person gets a raise or if your child needs more support that you can’t provide yourself. If you lose your job or lose hours, you might also ask the other parent to cover more.
It can also be appropriate to go back to court if the other parent claims one income but seems to have much more. You might first try talking to them about how much they’ve seemingly been spending and how they’ve been able to afford those items. If they don’t want to discuss their finances, then you could talk to your attorney about seeking out more information or taking them back to court.
Collect evidence of the other person’s spending to support your reason for returning to court and asking for a support modification. Once the other person knows that you’re willing to return to court, they may be willing to discuss the situation with you honestly or may be able to explain exactly how they’re affording big-ticket items while paying lower support than you think is adequate.]]>On Behalf of Robert L. Isaacs & Associateshttps://www.robisaacslaw.com/?p=2546462022-04-15T19:06:55Z2022-04-15T19:06:55ZNeither parent has more rights than the other
Contrary to what some people think happens in child custody proceedings, there is no institutional bias against either of the parents. The judge making decisions about a parenting plan doesn't give one parent preference over the other.
The custody laws in Virginia do not even discuss the genders or roles of the individual parents. Instead, the law uses neutral language to drive home how the focus of all decisions should be the best interests of the children.
A judge creating a custody order looks at the relationship that the parents have had with the children so far, their ability to support the children and even their willingness to cooperate with the other parent when they decide how to split up parenting time. If your ex is hostile toward you and tries to cut you out of the children's lives, their actions might actually hurt their case for custody.
You can't get what you don't ask for in court
Some parents approach custody matters with a defeatist attitude. They think that they will never receive fair consideration in the courts, so they don't even bother asking for shared custody. Those cases become examples of self-fulfilling prophecies. You can't get custody if you don't ask for it. You must assert your rights and show up for your children to remain a part of their lives.
Keeping the focus on what is best for the children, which likely includes frequent time with you, can help you take the right steps to pursue shared custody.]]>On Behalf of Robert L. Isaacs & Associateshttps://www.robisaacslaw.com/?p=2546472022-01-11T22:38:06Z2022-01-11T22:38:06ZFigure out what the house is actually worth
One of the most important steps toward protecting your investment in the property is to establish the current fair market value for the home. Neither is the assessed value that determines your property tax obligations nor the principal amount for your mortgage will likely reflect the current value of your home on the real estate market.
You will need a current appraisal to know conclusively what your home is worth. Some spouses will hire two separate appraisers so that each spouse feels confident in the value assessed by the professional that they hire. If there is a significant gap between the prices returned by the two appraisers, the spouses can agree to meet in the middle agree and split the difference between the two appraisals.
Decide what outcome would be the best
Would you like to stay in the marital home until your children are adults? Would you prefer to receive your share of equity so that you can buy a new home of your own and start making new memories?
Thinking about what your preferences might be and exploring whether they are realistic or not are both important steps when planning for a Virginia divorce with big assets. Can you expect to qualify for a mortgage, especially if you have to offer your spouse some of the equity in the property?
To some people, retaining possession or continuing to live in the home will be their most important goal. For others, the biggest concern is just receiving an appropriate share of the home value in the property division decree. Setting goals regarding your biggest assets and the overall outcome of property division proceedings will help you plan for both your upcoming divorce and your life after divorce.]]>On Behalf of Robert L. Isaacs & Associateshttps://www.robisaacslaw.com/?p=2546482021-10-29T22:30:26Z2021-10-29T22:30:26ZIs your business vulnerable in the divorce?
You already had the business when you got married or you inherited it, you may have taken certain steps to protect it, like executing a prenuptial or postnuptial agreement with your spouse. If not, you have to look and when you purchased the company or started it to determine if it is at risk in property division proceedings.
Determining whether the courts will look at your business as your separate property that doesn't get split up or marital property that they have the authority to divide will play a major role in how you move forward with the divorce.
What is your business actually worth?
Someone who doesn't understand the expenses and liabilities involved in running a business might think that a company is nothing but assets and income. However, businesses also come with a lot of liability and debts.
If your business is at least partially marital property, then it becomes very important for you to put a realistic value on the business. Factoring in debts, obligations and even the depreciation of business assets can help you minimize how much value from the company your ex can claim in the divorce.
What is it that your ex wants?
In addition to thinking about your legal obligations and financial circumstances, understanding your spouse's motivation can be very helpful.
Perhaps they want to share long-term ownership of the company with you because they view it as a source of income. Maybe they just worry that they won't get their fair share of marital assets if they don't make a claim against the business.
Communicating with your spouse about their desires regarding property division could pave the way for a mutually beneficial settlement that does not impact your company at all.
Thinking about your unique needs as a business owner can help you prepare for the complex property division that often comes with business ownership in a divorce.]]>On Behalf of Robert L. Isaacs & Associateshttps://www.robisaacslaw.com/?p=2546492021-08-02T19:31:33Z2021-08-02T19:31:33ZSpouses can't file during a service members deployment
Divorce is essentially a lawsuit unless spouses file for uncontested proceedings jointly. A judge looks over evidence from the relationship and hears testimony from both spouses to decide how to split their property and what to do with custody of any children the couple has together.
When someone who serves the military has been deployed, they are not in a position to advocate for themselves in court or respond to service notifying them of civil court proceedings. Only when someone returns from their deployment can their spouse initiate divorce proceedings against them. Those who knowingly and repeatedly violate this rule can face legal consequences.
Divorce will affect benefits for spouses and children
Military families receive benefits ranging from housing support to health insurance through Tricare. Depending on the circumstances of the divorce, the capabilities of the civilian spouse and the age of the children, there can be big changes in what benefits the family receives. A divorce can also have an impact on the compensation received by a service member.
Non-military spouses may have to relocate
Military families often live together on or right by military bases. Such housing may no longer be accessible for those who have divorced their military spouse. Especially if the civilian spouse does not currently have their own career, which is common due to the instability of the military lifestyle, they may have few choices but to move in with family or friends. Military families will often have to endure separation due to divorce, especially if there will be another deployment after divorce.
Navigating divorce is never easy, but it can be a lot more difficult if you or your spouse currently serve in the military. Professional help will likely be necessary to navigate the complexities of military divorce.
While the same state laws apply to the initial terms of your divorce regardless of your career, it's important to also have guidance regarding the unique military considerations that may arise during your divorce. With the right support, you can avoid big mistakes during an upcoming military divorce.]]>