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Leesburg VA Divorce Law Blog

The pluses, and minuses, of uncontested divorce in Virginia

If you or your spouse (or both of you) are considering divorce, there are probably problems in your marriage that, try as the two of you have, cannot be overcome. Perhaps only one spouse is ready to move on, which could make negotiating a settlement difficult.

But if you and your spouse both agree that divorce is the best option, you may be able to save a great deal of time and money compared with the traditional, confrontational divorce path. In Virginia, many couples are able to take advantage of uncontested divorce instead.

Ex-husband gets 4 years for hiding marital assets overseas

Getting an equitable share of your marital assets in your divorce can be difficult when you do not know how much there is to split up. Some couples share in all financial planning, so each spouse has a good idea of what assets they own and what they are worth. Other times, one spouse handles all the finances and earns all he income, leaving the other spouse largely in the dark about money matters.

Uncovering the size and value of the marital asset pile becomes even more complicated when one spouse is dishonest. Unfortunately, some high-income people going through divorce try to hide assets from their ex and the court, to keep those valuable assets for themselves -- even though the ex deserves a fair share too.

Chris Martin: I don't see it as a divorce

There is no rulebook that says what kind of relationship you and your ex must have after your divorce is final. If the two of you have children, ideally you will be able to continue co-parenting. Outside of that, post-divorce relationships range from non-existent to very close.

Years after actress Gwenyth Paltrow and singer Chris Martin announced their divorce, which they called a “conscious uncoupling,” their fans continue to be curious about the state of their relationship. Paltrow has said the two remain close, in a sibling-like way, and in a recent interview, Martin continued to deny that the two had divorced in the traditional way.

Wedding dress photo series helped woman deal with her divorce

Most brides wear their wedding dress once, then store it in the attic as a memento and, possibly, a family heirloom to be passed down to a daughter or granddaughter someday. But one divorced woman wore her wedding dress everywhere, to change it from a reminder of her failed marriage to a symbol of the new phase her life had entered.

The woman, who made a photography project out of wearing her dress, recently shared her story with the Today Show. Depressed after her marriage of 19 years ended, the woman said she tried exercise and therapy, but both failed to help.

How do I request a child support modification in Virginia?

The law in Virginia recognizes that things usually change in the years after divorce. Exes find someone new to marry, or move out of state. Children grow into teenagers, and eventually reach adulthood. One ex might go back to school and enter into a lucrative new career, while the other suffers a disabling injury and can no longer work.

These are just examples of the myriad ways lives can go up or down as time goes by. Among the consequences of these events is that a noncustodial parent who has been ordered to pay child support may someday struggle to pay it, or gain the means to pay more to his or her kids.

Virginia lawmaker reject decriminalizing adultery

The Virginia General Assembly has decided that adultery should remain a crime in the Commonwealth. While the odds of prosecution are likely very low, it does happen occasionally, which should give cheaters something to think about.

It will likely surprise many of our readers to know that adultery is against the law in Virginia. In fact, it is a Class 4 misdemeanor. There is no possible jail time and a maximum fine of $250. Conviction is very rare, with just eight people convicted in the past decade, according to the Galax Gazette. In court, adultery can be impossible to prove unless the defendant admits it. Most defendants invoke their Fifth Amendment right against self-incrimination when questioned under oath.

Father not allowed to pay child support in lump sum

Before the billion-dollar Powerball drawing that took place recently, many of our readers surely spent some time fantasizing about what they would do if they won that kind of money. Readers probably know that lottery winners get the option of getting a lump-sum payment or a regular series of payments for several years.

Each choice has pluses and minuses. The lump-sum payment makes you instantly wealthy, but is a fraction of the official jackpot. The installments are smaller, but they give you a steady source of income, for those who do not want to deal with investments and financial planning.

How is a small business' value determined during divorce?

Though most business owners have some idea of what their company is worth, they likely do not have a firm dollar figure in mind. Getting a valuation of your business has many possible functions, from estate planning to getting a fair price on a sale. It can also be a vital task if the owner or one of the partners is going through divorce.

If the business is a marital asset, then the spouses will probably both want an equitable share of it, or one spouse will have to buy out the other. Before this can happen, the spouses need to know the value of the thing they are dividing up.

Virginia Beach's divorce rate rose the highest since 1970

Back in 1970, divorce was fairly rare in Virginia, and indeed in the rest of the country. Since then, changes to the law, increased job opportunities for women and improved societal attitudes toward divorce has made it much more common. Some experts contend that about half of all marriages in the U.S. now end in divorce, though this figure is in dispute.

Some parts of the country have experienced especially dramatic changes in the divorce rate over the past 46 years. WTVR-TV recently reported on a study that ranked the top 25 U.S. cities by increased divorce rate between 1970 and 2010. Interestingly, a Virginia city came out on top.

Is divorce on the horizon for you in 2016?

Statistically, many individuals or couples put off divorce until after the holidays. In fact, in Leesburg and elsewhere throughout Loudoun County, January is the month when the most divorces are filed. It’s difficult to say with certainty why January seems to be such a popular month, but many speculate that it is closely linked to bringing in a fresh start with the new year.

Several clients arrive at their attorney’s office with the intent to get the process rolling, however many professionals in the field recommend that the first visit with an attorney should focus on what to expect as well as creating a to-do list of things to accomplish prior to filing.