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Leesburg VA Divorce Law Blog

In divorce, some business owners try to plead poverty

Small business remains an important part of the Virginia economy. Many households rely in large part on income generated by a business owned by one or both spouses. If successful, a business can allow a family to live a comfortable, maybe even luxurious, lifestyle.

Still, money cannot buy happiness, and many high-income marriages end in divorce. When that happens, spouses often tend to start thinking about their individual desires rather than what is best for the now-separated couple.

Some interesting -- or strange -- facts about divorce

Here are some interesting studies and trivia related to divorce. Perhaps our readers will gain some insight about their own relationships:

  • In one U.K. survey of people who had been divorced for at least five years or had ended a relationship that long ago, half reported regretting ending things. Around 42 percent said they would consider giving the relationship another shot, if that were a possibility. Perhaps some of those marriages might have been saved, though divorce is the only realistic option in many cases.

What are grounds for divorce in Virginia?

Readers may not realize that there are actually two kinds of divorce under Virginia law. Whether a person qualifies for one type of divorce or the other, and when they legally can file for divorce, depends on their individual circumstances.

"Bed and board" divorce

The first divorce allowed in Virginia is called divorce from "bed and board." This is similar to legal separation, in that the marriage is not completely dissolved, but the spouses live apart and are not allowed to remarry.

Should home-schooling affect child custody rulings?

The standard that family court judges in Virginia use when they have to settle a child support dispute is, what is in the best interests of the child? This focus on the child's safety, health, education and cultural needs has been widely accepted throughout the United States.

Much of the time, determining the best custody arrangement is more of an art than a science. The judge must decide, based in large part on the evidence presented by the parents, whom to grant majority custody.

3 ways to be clear about your desire to get divorced

We may not want to be married to our spouse anymore, but we may still love them in a way, or at least don’t want to hurt their feelings. So if we have decided to get a divorce, perhaps the toughest part is telling our husband or wife.

To try to soften the blow, many people try to make up for the upsetting news. They may give their spouse gifts, spend time with them, even have sex.

How child support is calculated in Virginia

In some ways, divorce in Virginia is more of an art than a science. The spouses must work out a division of assets that is fair and satisfactory to both sides, or the judge will do it for them.

But one common aspect of divorce is subject to a carefully developed formula. In many cases, the divorcing couple has children together. Depending on their individual circumstances, one parent may receive sole or majority child custody, and will seek child support from the other parent.

Appealing property division in a divorce can be very tough

In most Colorado divorce proceedings, one of the main problems that must be solved is how to split up the marital property. If the couple has a prenuptial agreement, division of property may be predetermined. But a lot of couples did not create a prenup, or one spouse may dispute the document.

This process tends to be more complex the more property there is to divide. High-asset divorce can become contentious when the spouses are unable to negotiate a settlement. In that case, it could be up to the court to determine an equitable division of property.

Judge changes mind about delay for Navy dad in child custody case

There is a federal law that recognizes that people in the military may be deployed overseas, far from home, and thus cannot show up to court when ordered. The statute is called the Service Members Relief Act. It allows military members to get a delay of proceedings in civil cases for at least 90 days, so that the soldier can make arrangements to appear once it is possible.

Child custody hearings are among the type of case where one of the parties may be able to obtain relief under the law. So when a sailor in the Navy was denied a delay in his custody dispute with his former wife, it received national attention recently.

Lobbyist power couple reaches high-asset divorce settlement

Many people would be reluctant to have their divorce reported upon in the media. But couples with high-valued assets, along with a name that is well-known in political circles, would probably not be surprised to see their split in the newspaper.

Thus, the divorce between lobbyists Tony and Heather Podesta is being reported in The Washington Post. The couple, who married in 2003, was well-known in Washington, both for their lobbying firm and their strong presence in the city’s social scene, including fundraisers and galas. They also amassed a large art collection, described as “museum-quality” by the Post, which became a factor in their divorce.

How child custody mediation can create a solid plan

Sharing child custody after divorce requires a lot of both parents. One of the foremost requirements is that the parents continue to communicate about things such as when to drop off the kids or when one parent wants to trade parenting time for that week.

It may take awhile before such back-and-forth feels natural, if the divorce itself was acrimonious. But if it was not, child custody matters may have been settled through mediation. That is a form of alternative dispute resolution in which the parents work with a mediator to try to reach a settlement outside of court. Child custody mediation is common in many states.

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