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Alimony – Tips from a Family Law Attorney

Alimony – Tips from a Family Law Attorney

Also known as spousal support, alimony is ordered with the purpose to keep a party who has been financially dependent on a marital relationship in the lifestyle with which they have become accustomed. Traditionally, when most women did not work outside of the home and were solely dependent on their husband’s income, it served to protect them from poverty. The modern role of spousal support is to serve as an equalizing force between the...

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Separation Agreements – Tips from a Family Law Attorney

Separation Agreements – Tips from a Family Law Attorney

A separation agreement is a legally binding contract between a husband and wife that sets out the terms of their divorce. The separation agreement can set out child support, alimony, child visitation and division of property. The separation agreement, once filed with the court, has the effect of a court order and can be enforced with the Court’s contempt powers. Typically a separation agreement is signed by both parties after discussing...

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Premarital Agreements – Tips from a Family Law Attorney

Premarital Agreements – Tips from a Family Law Attorney

Premarital agreements are contracts entered into by couples before they get married that address what will become of their property in the event of a divorce. Most people are not thinking about divorce before they get married, but with high divorce rates, there is a possibility you may be facing a divorce in the future. What Does a Premarital Agreement Cover? A premarital agreement can deal with almost any type of property. If you own a...

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Military Divorce – Tips from a Family Law Attorney

Military Divorce – Tips from a Family Law Attorney

Military divorces are common in Virginia. Military personnel and their spouses face unique problems when considering a divorce. The Uniform Soldiers and Sailors Civil Relief Act prevents many military divorces from following along the same path as a standard divorce. The act prevents a court from ruling against a member of the armed services while he is deployed with the military. This causes many military divorces to take longer than...

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Contested Divorce – Tips from a Family Law Attorney

Contested Divorce – Tips from a Family Law Attorney

A contested divorce is one where the parties have not agreed on all issues. Normally the parties cannot agree on such things as child support, alimony, property division, and child custody. The contested divorce will start by one party serving the other with a complaint for divorce through the Circuit Court in the city or county of residence. This complaint must allege the grounds for divorce (adultery, cruelty and abuse, abandonment, or...

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Uncontested Divorce – Tips from a Family Law Attorney

Uncontested Divorce – Tips from a Family Law Attorney

In Virginia a couple can file for divorce on an uncontested, or no fault, grounds if they have lived separate and apart for at least one full year. This means that neither party has to allege or prove a fault ground such as cruelty, abandonment or adultery. If the parties have entered into a separation agreement and have no children, then they are eligible to file for divorce after a six month separation. An uncontested divorce is one...

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