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Fairfax Family Law Blog

Who Gets the Pet in Divorce?

It is commonplace for a couple to purchase or adopt a pet during their marriage. That is all well and good, but what happens when the parties separate and eventually divorce?

We all like to think of our animals as members of the family, however, divorce law in Virginia does not take the same approach. In Virginia, a pet is not considered to be a member of the family, but rather, it is considered to be a piece of property subject to division between the parties.

Tips for Reentering the Workforce

Whether you've been a stay-at-home Mom, taking care of a loved one, or have been absent from the workforce for whatever reason, you may be asking yourself "how do I get back into the workforce and make a living?" Here are a few tips and resources to help pave the way:

1. Research the job market: what is in great demand?
2. Re-evaluate your skill set and what you need to do to brush up;
3. Network. Network. Network.
4. Attend job fairs;
5. Staffing agencies offer temp, temp-to-perm, and permanent positions;
6. On-line training;
7. Join groups which pertain to your area of interest;
8. Volunteer;
9. Prepare a Resume;
10. Social Networking; job boards;
11. Reference: The Occupational Outlook Handbook

(published by the U.S. Department of Labor's Bureau of Labor Statistics).

Second Saturday Divorce Workshop - July 8, 2017

ss.jpg Support. Information. Hope.

If you are someone who is considering divorce or is in the early stages of divorce, you will want to attend this empowering workshop that is designed to help you take the next step, no matter where you are in the process of untying the knot.

Join us for our next Second Saturday Divorce Workshop and get the information, support and guidance from professionals, so you can make the important decisions for you and your family as you plan for your future. Speakers for this workshop include:

  • Adam Kronfeld - Family Law Attorney
  • Melissa Reaktenwalt - Financial Advisor
  • Jennifer Meredith - Mortgage Broker
  • Patrice Garver - Family Therapist

Pre-registration is recommended, as space is limited. Please note that our July workshop is our last for the summer and our next workshop will be on September 9, 2017.

Grounds for Divorce

In Virginia, there are two broad categories of contested divorces: fault-based divorce and no-fault divorce. Virginia recognizes several grounds on which one can obtain a divorce based on specific bad behavior by the other spouse. A divorce based on one of these fault grounds may confer certain legal and procedural benefits upon the spouse seeking the divorce. At the beginning of the divorce process, a fault ground will permit you to file immediately, rather than having to wait a year to file for a no-fault divorce. In the longer term, proving a divorce based on a fault ground can impact the division of property and can bar the guilty spouse from collecting spousal support.

I Just Lost My Job. Do I Have to Keep Paying Court-Ordered Support?

We often receive questions from individuals who have recently lost their jobs asking whether they still have to pay their court ordered child and/or spousal support. The answer is a resounding YES!

Following a job loss, even though an individual may be without the financial means to pay support, that does not alleviate their court-ordered obligation. If you have lost your job and need to adjust the amount of support you are paying, you must file a motion with the court to decrease the amount of support. There are a multitude of factors that go into the court's determination of whether to decrease the amount of support you owe, and there are important differences between child and spousal support, including your income and the income of the person receiving the support.

Second Saturday Divorce Workshop - June 10, 2017

ss.jpgJoin our next Second Saturday Divorce Workshop and get the information, support and guidance from professionals. Presenters include:

  • David Marquardt - Family Law Attorney
  • Bonnie Sewell - Financial Advisor
  • Natalie Goldberg - Family Therapist

This workshop will help you explore the legal, financial and emotional issues associated with divorce so you can make the important decisions for you and your family as you move forward and plan for your future.

Three common mistakes to avoid when facing divorce

Men and women alike often face troubling issues when a marriage falls apart. Each individual may have questions about how to proceed - even a person who has gone through divorce before. Parents often have contentious disputes concerning child custody and parenting issues. Yet, during a time of tremendous stress, it is often difficult for people to focus on how to best move forward for the benefit of the kids, as well as for their own well being. Some mistakes seem to be more common than others. For that reason, we are outlining a few of the typical mistakes people make that can make their divorce more difficult.

Some common actions and reactions that may be better to avoid when going through divorce include:

Valuing Commercial Property for Divorce Purposes

Fact Pattern . . . Kristin and Tom were married in 1995. In 2011, Tom and his college roommate, Bill, formed "T&B, LLC," for the purposes of buying an office building in Fairfax. Throughout the years, tenants came and went; however, the building consistently averaged a rental rate of 80+%. Tom realized an average income from the LLC, for the past ten (10) years, of $400,000. Kristin and Tom began experiencing marital difficulties; separated from each other in July of 2016; and, are proceeding toward a divorce.

Quere . . . How is Kristin's interest in the office building determined?

Second Saturday Divorce Workshop - May 13, 2017

ss.jpgSupport. Information. Hope.

Join our next Second Saturday Divorce Workshop and get the information, support and guidance from professionals. This workshop will include presentations from the following individuals:

  • David Duff - family law attorney
  • Bonnie Sewell - financial advisor
  • Cary Cucinelli - wills, trusts & estate attorney
  • Trudy Koslow - vocational expert

This workshop will help you explore the legal, financial and emotional issues associated with divorce so you can make the important decisions for you and your family as you move forward and plan for your future.

Revoke that Power of Attorney - Now!

At some point during the majority of marriages, when things are sunny and bright, and love is in the air, spouses will frequently execute a written Power of Attorney, giving the other spouse the legal authority to act on behalf of each other. Such action commonly includes the ability to buy and sell real estate; to incur and pay debt; to deal with financial issues; and, to make medical or health-related decisions.

Obviously, the granting of a Power of Attorney to another is founded upon a high level of trust in that person's maturity, intellect, honesty and sense of propriety. When a marriage is "solid," and based upon mutual love and respect between the spouses, this generally presents no problem at all; and, is often both convenient and necessary. However, when the foundation of that marriage begins to weaken, or the trustworthiness of one or the other spouse is called into question; or, the continued viability of the marriage itself becomes an issue, one should re-evaluate the prudence of any outstanding Power of Attorney.

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Duff Kronfeld & Marquardt P.C.
11320 Random Hills Road
Suite 630
Fair Oaks Commerce Center
Fairfax, VA 22030

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