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Family Law Archives

Getting Divorced When Spouse Resides Out-of-State

Oftentimes, issues arise when a spouse lives in a different state than where the other spouse wants to file for divorce. This can arise when a spouse voluntarily leaves Virginia and the remaining spouse wants to file for divorce or when a spouse moves to Virginia from another state to file for divorce.

Documents to Gather Before Your Attorney Consultation

It is axiomatic that the more information your attorney has bout your situation - particularly financial information - the better he or she will be able to identify and evaluate the issues involved in your divorce and appropriately advise you. Thus, the time to begin gathering information and documents is prior to your initial consultation.

My Spouse Wants a Divorce - Now What?

"We need to talk." You don't remember the rest, but you know that your spouse wants a divorce. At this point, you don't know what to do, where to go, or who to talk to. All you know is that your life is about to change forever. The decisions you make in the near future are going to have lasting effects on you and your family. In light of the foregoing, what should you do now?

Inheritance As "Separate" Property

Divorce in Virginia is governed by "Equitable Distribution," which requires that a Judge first determine which of the parties' various assets and property rights are "marital" in nature. Then, the Judge decides the fair, or equitable, manner of dividing those assets/property rights, based upon various statutory factors.

Can I move out of town with my kids?

We often receive calls from clients asking "If I am planning to separate from my spouse and I want to move out of the area with my children, can I do that?" This is a complex question that has no universal answer.

Health Insurance in Divorce

Going through a divorce naturally results in a multitude of life changes, both individually as a person and collectively as a family. A good example of such changes is the handling of health insurance for spouses and children. In most cases, the entire family receives health insurance through one of the spouse's employer-sponsored health plans or through an insurance exchange, with the constant variable being that there is one plan. Naturally, for both legal and practical reasons, that must change during a divorce.

My Spouse Was Laid Off and Given a Severance. How Will This Affect Our Pending Divorce?

A party losing their employment, whether voluntarily or involuntarily, can have earth-shattering ramifications for a divorce at any stage, whether during the divorce process or after a divorce decree has already been entered. This is particularly true where spousal support or child support is being paid by one party to the other. Typically, a loss of employment income can be a trigger for a reduction of those support amounts, as the payor will claim they do not have sufficient income to pay support at the same level. Where the loss of employment is involuntary, such a request may well be granted. However, the payor receiving a severance from their employer could change that outcome in several ways.

Beware the Late-Night Mediation!

The process of formal Mediation has evolved into a very popular, and hugely successful, alternative to divorce litigation. No doubt, the rise in using Mediation to resolve divorce and custody issues, can be attributed, in great measure, to economic considerations. The act of settling a divorce case, or a custody dispute, through Mediation, results in a savings to each party of tens of thousands of dollars that each would incur in litigating those same issues through the court system.

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

Phone: 703-591-7475
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