On behalf of Edward Barnes Significant legislation gives state judges new power in spousal support orders to require life insurance protections for recipients in certain circumstances. After a long and careful legislative process, the Virginia legislature passed an important law that gives a state court the power to order a life insurance policy to, in essence, insure that resources would…
When Virginia couples divorce, their marital assets and property are divided based on a number of factors, and each spouse may not receive an equal share. In 2013, there were 29,465 divorces in the state of Virginia, according to the state’s Department of Health. Among the issues that couples must settle before they are able to move on with their…
Retirement accounts are often one of the largest assets to divide in a divorce. Make sure that you divide them properly. Are you concerned about how your divorce will affect your financial future? Are some of your largest assets, after the equity in your home, retirement accounts? Your retirement accounts may not be assets that you think about frequently. Automatic…
A recent case provides an example of grandparent’s rights in child custody cases in Virginia. Raising a child is no easy task. This is particularly true when the parents are not in agreement over the best way to raise the child. In some cases, the dispute can reach past the nuclear family unit and impact extended relations, like grandparents. A…
Virginia law about spousal maintenance is relatively complex, with recent reforms. Virginia lawmakers amended spousal maintenance laws in 2018 to address the issue of ex-spouses paying alimony into retirement years, which has been a hot issue for men’s rights advocates. These changes modify a Virginia alimony system that retains some traditional aspects related to the impact of marital fault on…
Two new state laws will impact divorce in Virginia. Family law is an area of the legal world that guides many legal issues including divorce, guardianships and child custody matters. Both state and federal law impact family law matters. As noted in a previous piece, the recent Tax Cuts and Jobs Act (TCJA) led to changes at the federal level.…
On behalf of Edward Barnes A new model of divorce built around mutual respect may be a good choice in your situation A divorce attorney in Minnesota was tired of seeing the negative, combative process of traditional divorce and the devastating impact it can have had on the individuals involved. Stuart Webb came up with a unique and different approach to…
The Constitution (due process), statutes, the common law, and the Rules of the Supreme Court of Virginia all play a role in when a GAL may, must, or should be appointed. Guardians ad litem (GALs) are appointed to represent the interests of those the law deems incapable of doing so for themselves, either adults or children. Code § 8.01-9 states the general…
Virginia parents cannot eliminate the sting the news of their divorce will cause their children, but by taking certain steps, they may help soften the blow. The Virginia Department of Health reports there were 29,465 divorces across the state in 2013 alone. Of those, at least 12,463 involved one or more children. For parents who make the difficult decision to get…
The social media “revolution” is in full swing. Some say that an increased electronic presence is part of living in an increasingly digital age, while others lament the loss of the sense of privacy that existed before much of the world was “wired.” Whether we like it or not, the simple truth is that millions of us regularly use social…
