Equitable Distribution of Property law: Putting A Lens On Distribution Of Property After Divorce

Equitable Distribution of Property law

When you are divorcing, the law requires that you share the property that you previously owned. Both community and marital property acquired by the spouses after the wedding and before separation is subject to sharing.

The systems for distribution of property after divorce

Two primary systems are employed when distributing marital property: equitable distribution and community property. The community property requires the division of the marital property equally between spouses. The equitable Distribution of Property law awards the higher earning spouse a larger share than the one whose earnings are lower. Equitable distribution applies in cases where one of the spouses is a stay-at-home spouse.

Debt and marital property after divorce

Debts existing in marriage are also subject to division.  It’s good to note that debts aren’t distributed equally. Careless debts such as those got from gambling are allocated by the court to the wrongdoer. Debts such as household debts and other general expenses are supposed to be shared evenly between you and your spouse. Student loans may be divided equally if the spouse’s career benefited the marriage.

Property settlement agreements

If you don’t want to go through the long and tedious court journey, it’s always recommended that you draft legal separation agreements. In the agreement, you should specify how you will share your property.   The judge will then review the agreement to ensure equity.

Consider getting legal help

When you are planning on going through with a divorce, you should consult a divorce attorney about your marital property options. In addition to the attorney representing you in court, he/she will also help you in drafting a settlement agreement. The professional will also help you in determining the value of your property. This includes: the value of your homestead, home furnishings, professional practice and savings accounts.

The lawyer will also help you in solving issues that touch on child support, child custody, health insurance for the kids, and college education. If you don’t have a source of income, the spousal support lawyer will help you with getting a substantial amount that will support you in court.

Conclusion

To have an easy time when you are sharing property after divorce, it’s always wise that you arm yourself with a family lawyer. If you own any property before marriage, protect them using a prenup. This is a document that lists all the property that you own and shouldn’t be shared when you divorce.

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Taking A Look At The Roles Of A Divorce Lawyer

Divorce lawyer

When you are going through a divorce, it’s always recommended that you hire the services of a divorce lawyer. The lawyer has many roles in your divorce case including:

Undertaking preliminary divorce investigations

For the lawyer to understand better your case he/she has to collect details and facts about your case. The professional will collect all the relevant information that will help you get a favorable hearing. The lawyer will also understand the grounds of divorce and whether they can be used in the case. After collecting the information the professional will give you a rough idea of how the divorce process will go. If there are any responsibilities that you need to handle, he/she will let you know about it.

Initiating the divorce process

After the lawyer has collected all the necessary information, he/she will go ahead and initiate the divorce process. The process begins with the lawyer filing summons and complaints in a family law court. After this, the court will serve your partner (respondent) with a notice of the impending divorce. It’s the respondent’s responsibility to choose to file a response in court or support the divorce.

Fighting for you and your children’s rights after divorce

When you divorce, it doesn’t mean that life comes to a halt—you still need food, shelter, and money for your daily maintenance. The alimony lawyer will argue your case so that you can get an amount that will be enough to put you through a comfortable lifestyle. Children are an important part of a marriage. If you have children, the lawyer will fight for them and ensure that they get the best care and education. The lawyer can work with an expert child support lawyer or if he/she has the experience, work alone.

Representing you in the divorce case

The life of the divorce attorney differs with the type of divorce. If you are filing for an uncontested divorce, the professional will only file the divorce papers and represent them in court during the hearing. If you are filing a contested divorce, the professional will file the divorce papers and present them in court. In most cases, contested divorces get strangled in litigation. It’s the responsibility of your family lawyer to sort the case as soon as possible so that you can get fast and favorable results.

 

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Alimony Attorneys: Tips On How To Reduce Your Alimony Payments

Alimony Attorneys

Alimony or spousal support is a major component in any divorce. The man can make alimony payments to the woman or the other way round. Who gets to pay who depends on who earns more money. During divorce, every spouse looks for ways to pay as little alimony as possible. Most of the spouses look for ways in which they can avoid paying alimony altogether. The cool thing is that there are many ways in which you can reduce or stop paying alimony. Here are some of these ways recommended by alimony attorneys:

Get out of marriage before divorce

If you ask many spouses they will tell you that they knew that their marriages weren’t going to last. If you are unhappy in your marriage, you should move out as early as possible. One of the factors used by courts to determine the amount of money that you will pay your spouse is the length of time that you have been together. The longer you lived together, the more you will have to pay. For you to reduce the amount of money that you pay to your spouse you should move out of an unhappy marriage as soon as you settle that it’s not going to work.

Sign a prenuptial agreement before divorce

When a relationship is starting, spouses are usually happy and ready to give each other anything but this shouldn’t be you. If there is anything that you got before you got married you should put it in the prenup and ask your partner to sign it. The prenup prevents your Ex from benefiting from the property that you already had before marriage. To legalize the prenup you should involve a divorce lawyer.

Prove that your spouse is cohabitation after divorce

It’s common for some spouses to cohabit with other people once you have divorced. In Virginia, once a spouse has moved in with another person in an intimate relationship, you aren’t supposed to pay for spousal support. If you are sure that your Ex is cohabiting, you should work with your spousal support lawyer and present the case in court so that you can stop paying alimony.

Show that your former spouse is earning more after divorce

As mentioned above, the high earning spouse always pays alimony to the low-earning spouse. If your spouse got a promotion or his/her business flourished after divorce, you should work with your family lawyer and make the argument in court so that you can stop paying alimony. In some cases, the court can even instruct your former spouse to start paying you.

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All About Child/Parental Relocation Law in Virginia

After a marriage breaks up, it’s common for parents to want to relocate to other places with their children. Since this is an issue that leads to a lot of disagreement between the parents, a court intervention is more than often required. Both parents have the right to control the child upbringing, but it’s not to say that a reasonable request to relocate will be denied as there is a child/parental relocation law in Virginia that regulates the whole process.

Mutual agreement on child relocation

Both parents can have a mutual agreement about a child’s relocation. If both of you agree to the child relocation, then the court cannot object it. However, if there are concerns from child protective services or other child agencies, then the court will be involved. If the parents agree about relocation pending divorce, the terms of the agreement will be included in the marital settlement agreements, but after the final process of divorce, both parents will have to file the post-judgment stipulation to modify the terms of relocation. If you have arrived at an agreement, it’s always recommended that you involve a family lawyer to make the agreement legal.

Objection to the child relocation from non-custodial parent

This is one of the most common scenarios: a parent with primary custody of the child wishing to move with the child but the non-custodial parent objects it. If the objection occurs when the divorce is pending, then both parties will have to resolve the dispute through litigation. Most likely this may necessitate a trial, but in any case, the person intending to relocate with the child must prove to the court that the move will be beneficial to the child.

Procedural requirement for relocation after divorce

Any parent with an intention to relocate with the child out of the state of Virginia is required to notify the other parent in writing, 30 days prior to the scheduled move. He or she should provide hurdle of proving that there have been some changes before the custody order was issued. Other than that, the parent seeking relocation should prove that the relocation is not substantially impairing the relationship between the child and the other parent. The other parent must state in writing if he or she objects to the relocation. The objective parent should give reasons for objection.

Conclusion

Child relocation is a relatively complex issue in Virginia, and it’s always wise that you arm yourself with a child custody attorney. Working with an attorney will help you understand your rights and options. The lawyer

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Guide To Legal Separation Agreements

Legal Separation Agreements

If you are planning on going through the divorce process, it’s recommended that you sign legal separation agreements that are usually a precursor to the ultimate divorce. The agreements are basically contracts that stipulate how couples that are legally married may go on to live individual lives while they’re in the process of the divorce process. The affected couple remains husband and wife on paper but live individual lives as if they weren’t married.

Things involved in legal separation agreements

The agreements involve the same things involved in a court process. The separation contract defines child support installments, visitation plans, alimony, custody, asset distribution, and other aspects that affect the couple or the children involved.  You should work with your family lawyer and come up with a contract that favors both of you. It’s only after you have failed to reach an agreement should you head to court.

Legal Separation Contracts versus Divorce proceedings

The greatest difference between separation agreements and divorce proceedings is that in legal separation the affected couple continues being married which isn’t the case in a divorce case. There are many benefits that come with the separation arrangements. One of the benefits is that a spouse’s health benefits aren’t terminated as it’s the case with divorce.

This means that if you are suffering from a medical condition you don’t have to worry about being unable to afford your medical bills even if you aren’t living with your partner.  In addition to this, both parties have access to each other monetary resources unless the agreement states otherwise.

Acceptable Behavior during the separation period

After you have signed the agreement you should carry yourself with dignity. As rule of thumb, you shouldn’t defame your partner. Lawyers also recommend that you avoid demonstrating infidelity during this period as it can certainly hurt the outcome of the divorce case.  For example, when you defame or talk ill of your partner, the judge can rule that you apologize or make a given payment to your partner. To be on the safe side you should strictly stick to the agreement and if there is a part of the agreement that you don’t understand, ask your lawyer to expound on it.

Conclusion

This is what you need to know about separation agreements. For you to draft a great agreement that considers all the people involved in your relationship, work with a reputable divorce lawyer. The lawyer should not only be experienced in the divorce process, he/she should also be experienced in the drafting of the separation agreements.

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Divorce Lawyer: Guide On How To Prepare Yourself For Divorce

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When people get married, the last thing that they do is to dream about divorce. Unfortunately, 50% of marriages end up in divorce. If you have tried working on your marriage but it has failed, you should prepare for divorce. To help you out, here are some of the things that you should do to prepare yourself:

Hire an experienced divorce lawyer

The divorce process is tedious and can get messy. It’s always good to have someone who will provide you with guidance and guide you through every step of the way. The best person you should have is a divorce lawyer. There are many lawyers in the market but few are ideal for you. You should research and find a professional who is experienced enough (5-10 years) and with a great personality. There are a few know-it-all, arrogant lawyers who might try to give you advice without even listening to your case. You should avoid such a person.

To avoid a lot of stress and high legal fees, always aim to settle as fast as possible. The lawyer should guide you on what you need to do to settle the case as soon as possible. While settling is important, the lawyer should be ready to fight for you should the need arise.

Know the amount of money that you have before divorce

Money is a sensitive issue that is usually the center of attention in a divorce case. One of the main goals of a divorce process is to ensure that there is an equitable distribution of marital assets and debts. For you to get a fair share of assets during the settlement, you should know where you stand financially.

You should work with your family lawyer and know what you own and what you owe. Your assets can be a home, financial accounts, vehicles, artwork, inheritances, pension plans and others. Know what you got as a couple and what you already had before you met. You should hire a professional accountant to help you determine the total assets and debts that you have.

Plan for your children after divorce

Children are highly affected by divorce and it’s your responsibility to ensure that they have a good life. You should agree with your spouse and your child support lawyer on who will live with the children and the amount of money that each of you will contribute towards the proper upbringing of the children.

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Alimony Attorneys: Golden Alimony Tips

alimony lawyer

Alimony also called spousal support, is a legal order on one spouse to provide financial support to the other spouse after, or before a divorce or physical separation. You should work closely with your spousal support lawyer and settle on the best support amount for you.

Up to the early 1970s, alimony applied to the ex-wife, but to uphold gender equality divorce laws have changed to accommodate alimony for ex-husbands. Whether you are considering getting alimony from your spouse after divorce proceedings or are looking for reasons not to pay alimony, the following tips should help.

Consider the type of alimony that you want

First, consider whether you are eligible for alimony from your spouse. You are entitled to alimony if you cannot afford the lifestyle you maintained when you were married. There are four types of alimony;

Temporary alimony: This is alimony given when the parties are physically separated during the divorce process.

Rehabilitative alimony: This alimony granted to the financially lesser spouse. It’s given for a specified amount of time. Usually, until the partner attains financial stability.

Permanent alimony: The alimony is awarded to the financially lesser spouse until the spouse dies or remarries.

Reimbursement alimony: This kind of alimony is granted as reimbursement for expenses incurred during marriage such as educational expenses.

Your divorce lawyer will advise you on the type of maintenance that is best for you.

Determine the alimony amount that you need

You need to prepare a personal budget of all your monthly expenses to present to the judge. In the budget be as detailed as possible. However, do not exaggerate the costs. Also, consider your future expenses as you will no longer be living with your spouse. The best approach is to hire a professional forensic accountant to determine your expenses.

Negotiate alimony first with your spouse

Settling the alimony agreement out of court may be the best option for the both of you. Before taking spousal maintenance to court, ask your lawyer to prepare an offer to the other party. Negotiating before taking the matter to court will speed up the process thus your divorce process takes a short time. Negotiations are also less stressful and emotional compared to the court battles. You should work with your family lawyer and negotiate until you reach a favorable amount.

Conclusion

These are the divorce tips that you need to consider when determining the amount of spousal support that you need. If there are kids involved in the divorce process don’t forget about. Work with a child support lawyer and settle on an amount that is ideal for them too.

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Child Support Lawyer: Everything You Need To Know About Child Support

child support lawyer

Divorce is a difficult time for any family. Often times, it is vitriolic and messy. If children are involved in the divorce process, the spouses should agree on child custody. This is the amount of money that is meant to facilitate the upkeep of the children.

Children supported after divorce

All dependent children are legally entitled to be supported by both parents. Usually, this arrangement is mandated by the court as part of the divorce settlements. In the majority of the cases, the judge presiding over the case has the ultimate authority in deciding who pays the child support, who gets custody of the children, and how much child support needs to be paid. The decision solely depends on the spouse earning more money. You should work with your child support lawyer and convince the court the amount of money that you will be able to pay to support your children.

What happens in times of solo child custody

If one party gets custody of the child after divorce, he or she is responsible for the day to day and other expenses of the child. In many cases, this can be burdensome especially if the spouse doesn’t have a stable source of income. So, the judge orders the other party to send monthly checks to the custodian to support the expenses of the child.

Understanding when child support ends

Child support is a constant feature until the child reaches the maturity age, usually 18. There are exceptions to this statute. If the child is 16 and emancipated or voluntarily withdraws from the program, the child support can be stopped. The child support can be extended beyond 18 years in case the child is going to college full-time and is unable to support himself during that time. In cases of disability or illness, this support might be extended further at the discretion of the judge.

How to pay child support

Usually, the arrangements are mutually arranged between the two parties. To avoid long court battles and ensure that your children are stable, you and your spouse should get a family lawyer and agree on the amount that each of you will contribute to the upkeep of your children.

Conclusion

This is what you need to know about child support. It’s recommended that you start the negotiations with your divorce lawyer before you make the decision of heading to the courts. This is to avoid the stress, time, and shame that comes with solving your issues in public.

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Divorce Lawyer: Tips To Consider When Going Through Divorce

divorce lawyer

Divorce is usually hard for everyone as there are plenty of things that are involved: there is property, child support, spouse support and plenty of other things. If you are going through divorce for the first time here are golden tips that will be of great help to you:

Arm yourself with a professional divorce attorney

This is the first thing that you should do. When going through a divorce, it’s common to feel that everyone is against you. When you have a divorce lawyer, you have peace of mind as you know that you have someone supporting you. There are plenty of places where you can get a good lawyer. You can get one through referrals, or do your own research. To be on the safe side ensure that the lawyer you hire is experienced enough.

Appraise everything before the divorce process begins

Here you need to hire a forensic accountant who will help you determine the value of your properties. For ideal results, ensure that the accountant is well-versed in providing evidence to a court. It’s common for some people to try to hide their assets so that they appear poor. Others don’t want to share their property with their spouses. While you can get away with it, the situation can backfire on your face if the court finds out. To be safe you should never hide any of your assets. You also should never try to falsify your records.

Determine what is yours

Inheritances, heirlooms or assets that were yours before you got married are yours and can never be shared with your spouse. To convince the court that you got the property before you got married you should have records to prove it. You should work with your family lawyer and come up with a document that will be recognized in court. The document can be as simple as a letter from your family member.

Think about child custody

Studies show that children are highly affected by divorce. As your most prized people, you should work at ensuring that they get the best. If you feel that they will have a better life when living with you, work with your child custody attorney and convince the court that you will be a better parent.

Conclusion

These are the tips that you should consider when going through a divorce. To have an easy time, work with a supportive and easy-to-talk-to lawyer.

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Child Custody Attorney: Taking A Look At The Common Child Custody Mistakes

child custody attorney

When you are undergoing divorce and kids are involved, you need to work with your child custody attorney and agree on the best type of child custody that you should go with. Studies by attorneys show that couples make plenty of costly mistakes that compromise their child custody cases. These mistakes include:

Badmouthing your spouse after divorce

Emotions are often high during divorce and it’s common for couples to speak ill of the other person. While this is the case, you shouldn’t speak ill of your soon-to-be-ex-partner in public. You shouldn’t badmouth your spouse in court, online or anywhere else where the court can easily find proof. When you badmouth another person you appear to be the bad one and this gives the judge the wrong image about you. In most cases, the judge will deny you custody of your child as you appear vindictive.

Hiring a lawyer who is a gun for hire

A gun for hire is an attorney that will take your case and make your argument as long as you pay him/her. This is a type of lawyer that will go ahead and take your case even if he/she is sure that you can’t win. Such a child support lawyer will just make you feel good when you are in his/her office and then be shocked when the judge’s ruling comes along. To be on the safe side take your time to research and find a reputable lawyer that will only take your case because there are high chances of you winning custody of your child.

Influencing your child so that you can win child custody

When the children involved are old enough, it’s customary for the court to want to know their custody preference. Many parents know this and try to influence the children to take their side. Some spouses do this by promising things to their children that they won’t deliver. The court wants what is best for the child and when it realizes that you are trying to manipulate the child, you may lose custody.

Forgetting about the real reason for child custody

The reason you want to have custody of your children is so that you can keep them safe and provide everything for them. While this is the goal of it, some couples are out there to frustrate the efforts of their former spouses. To stick to the sole aim of you being in court you should work with an experienced divorce lawyer.

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