Monthly Archives: July 2011
Why Equitable Distribution Isn’t Equal Distribution in Virginia
Earlier this week, we discussed recent changes to Virginia Code §20-107.3, Virginia’s Equitable Distribution statute. Today, we’ll take a look at one of the first Virginia cases decided under the new statute, and why classifying a debt as “marital” doesn’t guarantee both parties will be equally responsible for paying it. In Damankah v. Damankah, decided [...]
The New Virginia 20-107.3(A)(5): Solving Virginia Family Law’s “Debt Crisis”
Recently, the General Assembly amended §20-107.3(A) of the Virginia Code, the equitable distribution statute, which tells Virginia courts how to divide assets and debts in a divorce. This amendment was met with a collective sigh of relief from Virginia lawyers, ending a year of uncertainty in how we approached marital debt issues. Of course, if [...]
Form Virginia Settlement Agreements: What could possibly go wrong?
Earlier this week, we shared some of the risks of using online forms—without legal advice—to get your Virginia divorce. In Virginia, to get an uncontested divorce, you first need to settle all issues with your spouse, usually by contract. These contracts are typically called Marital Settlement or Property Settlement Agreements (“MSA’s”). MSA’s are the foundation [...]
Do-It-Yourself Divorce. A money-saver? Not so much.
“Divorce in 3 Weeks!” “DIVORCE FORMS—CHEAP!” “Divorce—it’s as easy, as 1-2-3!” The best of the worst taglines from do-it yourself-divorce form websites. These sites all have one thing in common, other than the liberal use of exclamation points and all caps: they promise to make your Virginia divorce a quick, painless, no-brainer. Accomplished, of course, [...]
Divorce and the Social Media Trap: Facebook, Twitter and…LinkedIn?
Earlier this month, MIT’s Technology Review published “How Divorce Lawyers Use Social Networks,” highlighting the dangers of using social media during a divorce. The article recapped the now well-known pitfalls of using Facebook, MySpace and Twitter: if you’re with someone you’re not supposed to be with, or are somewhere you’re not supposed to be and [...]
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