Judicial exceptions to protective orders
Judicial exceptions to protective orders
Firm News
New tax law to change tax treatment of alimony paid and received
On behalf of Edward Barnes Alimony will no longer be deductible for future divorces starting in 2019. It will probably take years to completely understand all the impacts of the massive federal tax bill signed last year. But one little provision could have potentially significant negative repercussions for divorce negotiations and future alimony recipients. Current tax treatment of spousal support…
Virginia law allows life insurance continuation to protect alimony
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…
How is marital property divided in Virginia divorce cases?
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…
Dividing retirement accounts with a QDRO in a Virginia divorce
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…
Grandparent Rights In Virginia: Grandparents Win Child Custody Case
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…
Issues affecting Virginia alimony law
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…
How will the new family laws in Virginia impact divorce?
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.…
Virginia collaborative divorce: a new model
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…
When may, must, or should a Guardian ad litem be appointed in a child custody proceeding
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…