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Prenuptial agreements can help couples protect separate assets

Divorce, Family Law /

Asset preservation has become an increasingly important factor in marriage as well as estate planning, particularly as divorce and blended families become more common realities in the United States. The rising popularity of prenuptial agreements is a notable reflection of the changing matrimonial landscape in this country. In an October 2013 survey of 1,600 members […]

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When a couple divorces, debts as well as property must be equitably divided

Divorce, Family Law /

Marriage can be likened to a business contract, and when that contract is dissolved during a divorce the division of assets is an important and often contentious matter. But debts are an equally important matter to resolve when any contract, including marriage, terminates, as any debts a couple holds will also be allocated between the

When a couple divorces, debts as well as property must be equitably divided Read More »

Parental communication helps pave the way for a reasonable visitation schedule

Child Custody, Child Support, Divorce, Family Law, News & Press /

When couples with irreconcilable differences end their marriage through a divorce, the bonds between the spouses are effectively severed. Each party can proceed with his or her life separately. However, if a soon-to-be-splitting couple has children, some level of communication between the parents will necessarily linger, particularly once child custody has been determined and reasonable

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When spouses wish to part ways, the finality of divorce is usually best

Divorce, Family Law, News & Press /

As a popular culture would have us believe, breaking up is hard to do. With all the emotional and financial upheaval that is often involved with a nuptial parting of the ways, some on-the-rocks couples opt for what may seem to be the easier route of some form of separation.  Despite the first-blush attractiveness of

When spouses wish to part ways, the finality of divorce is usually best Read More »

Never-married parents face extra steps when establishing child custody

Child Custody, Divorce, Family Law /

In Virginia, unmarried parents have the same rights and responsibilities to their children as married couples do. However, parents who were never married may face some additional steps when they establish child custody after a breakup. Paternity frequently complicates the process of determining custody in cases where the parents were never married. If either party

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Varied approaches to divorce offer couples different structures and tones

Divorce, Family Law /

Adversarial divorce is perhaps the most visible type of divorce in pop culture. With this approach, both parties hire a divorce lawyer to hash out the divorce in court. This is a lengthy process that can lead to fighting over every detail of the settlement. The adversarial approach usually leads to a trial in court.

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Women Have Usually Trumped Men in Child Custody, But More Men May Win custody Cases

Child Custody, Child Support, Divorce, Family Law /

In divorce cases, child custody and child support (its possible financial corollary) have, traditionally, been skewed heavily in the mother’s favor. But changing legal doctrines, social mores and economic factors have been changing the balance. Statistics from recent decades show that women were consistently awarded custody of children from 1993 through 2007 — 83 percent

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Watching for deception: Bitcoin may be used to conceal assets in divorce

Divorce, Family Law /

Increasingly, divorcing spouses who wish to conceal their assets are turning to electronic currencies like Bitcoin. Bitcoin is the most popular of a host of computer-generated currencies that are used to buy all manner of goods and services. It rivals cash in terms of its anonymity and surpasses it in its ease of transfer and

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When Mediation Is Not the Best Way to Resolve a Divorce

Divorce, Family Law /

Divorce proceedings can be expensive as well as time-consuming and emotionally draining on the main parties involved. An array of issues, including the division of property, child custody, alimony and other items of contention can prove to be the catalyst for a contentious, drawn-out affair in court. Mediation is often suggested as a viable alternative

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Where There Is a Valid Will There Is a Proper Way to File in Probate Court

Child Custody, Child Support, Family Law /

The term probate may evoke foreboding thoughts among many who hear it, but essentially the word means the act of validating and recording the will of a deceased person with the court that has jurisdiction. In the case of the commonwealth of Virginia, that court is the Circuit Court, and it is the proper filing

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