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Leesburg VA Divorce Law Blog

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.

Should parents who owe support be stopped from having more kids?

One of the most personal decisions we make in our lives is whether to have children. Most of the time, it is up to the parents alone, and no one else is involved -- unless it is necessary to set up arrangements for child support and custody.

In those cases, the courts must either accept a plan developed by the child's parents, or issue a custody and/or support order, if the parents cannot agree. The government may become involved again if a parent falls behind on child support. For instance, the court may garnish the parent's wages, or even put him or her in jail.

Child support in Virginia featured on '16 and Pregnant'

Many people would argue that, in an ideal world, every child in Virginia would be raised by two parents. But, as we all know, that is not reality. Children across the U.S. live in homes which have their income supplemented by child support paid by the children’s non-custodial parent.

For many parents and children, child support can make the difference between making ends meet and being in serious financial straits. The principle behind it is that the children’s economic situation should not be significantly altered by the absence of their non-custodial parent.

How student loans are affected by divorce

College education in Colorado and around the U.S. has become so expensive that it could be decades before many recent graduates pay off their student loans. Students who took out loans to help pay for their education had an average of $29,400 of debt upon their graduation in 2012, according to one source. For a married couple, it may not be unusual for the household to have a total of $100,000 or more in student loans.

Paying off those loans may be a significant drag on the family’s finances. And financial problems are a significant reason for many divorces. This begs the question of what happens to the student loans during a divorce.

Dishonest spouses can take advantage of ex's financial ignorance

In many marriages, one spouse handles all of the finances. This can be part of a division of labor within the relationship, and may be a relief for a husband or wife who does not enjoy keeping track of important assets, such as retirement accounts, bank balances and so on.

Unfortunately, many marriages end in divorce. If you go through divorce without knowing what is in your marital property, and what those assets' values are, you could end up with far less than you deserve. Taking advantage of your ignorance, your ex could try to fraudulently hide assets from you and your divorce attorney.

Fathers of adopted kids only have a short time to seek custody

Men in Virginia should know that it can be difficult to assert paternity over a child, if they are not married to the mother of the boy or girl. If the mother gives up the child for adoption, the father may not be told about it, so they may lose the chance to fight for child custody before they even learn they have a child.

The law in Virginia says that a father must contest an adoption within six months of when it is petitioned for in court. After six months, it is very difficult to nullify the adoption, or even get visitation rights. For men who unknowingly get a woman pregnant, such as in a brief relationship, this can cut them off from their biological sons or daughters permanently.

In divorce, a business may be part of the property division; pt 2

Readers may recall our last post, in which we discussed how a small business is often part of the marital property in a divorce, even when only one spouse was involved in the business.

Today, we continue our discussion of how a business owned by a spouse can affect the divorce process. Specifically, our post today is about how the value of the company is calculated for marital property purposes.

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