Recent Blog Posts
Can Cheating Affect How Much Alimony You Receive in Virginia?
In the Commonwealth of Virginia, cheating on your spouse is not just a private issue. It can carry serious legal consequences during divorce. Unlike many other states, Virginia continues to allow fault-based divorce grounds, and cheating on your spouse remains one of the most significant. When spousal support is a part of the divorce, proof of infidelity can change the outcome. In some cases, it can prevent alimony altogether.
For those in long-term marriages or financially unbalanced relationships, understanding how adultery affects spousal support is critical to protecting your interests. Call Loudoun County, VA divorce attorney Nicole M. Burns, Attorney at Law to learn more.
What Does Virginia Law Say About Cheating and Spousal Support?
Under Virginia Code § 20-107.1, the court may award spousal support. However, the statute also includes a strong presumption against awarding support to a spouse who committed adultery. This is not an automatic disqualification, but the burden shifts significantly. If the court finds that the recipient spouse engaged in adultery, the presumption is that no spousal support should be awarded. The spouse who wants spousal support then has to successfully challenge that presumption. This provision makes Virginia one of the few jurisdictions where marital misconduct can still have direct financial consequences.
3 reasons not to keep the house after a divorce
For some people, their main goal during property division while going through a divorce is to keep their house. Maybe they don’t want to move. Perhaps their children are happy in the home and they want to stay. Maybe it’s a dream house, and they don’t think they’d be able to afford it again.
It can be the right decision to keep the home, but it’s also worth considering some of the downsides of doing so. Below are three examples.
1. It may not be affordable
First and foremost, how affordable is it to manage the expenses of a home on one income? You have to pay the mortgage, the property taxes, the utilities and all of the maintenance and upkeep costs. Before deciding that you definitely want to keep your home, just make a post-divorce budget to see if this is actually a viable option.
2. You could give up more valuable assets
It’s also important to remember that, while a home is a valuable asset, it also creates the aforementioned expenses. It’s going to cost you every month. Some people accidentally give up more valuable assets. For instance, maybe you have an investment portfolio with a similar value to your home. This might feel like a fair trade, but the investment portfolio is going to gain wealth in the future, while the home is going to create expenses.
Mediation can empower spouses during divorce
Divorce does not need to be an acrimonious process. Spouses do not have to fight with one another. They have the option of pursuing an uncontested divorce where they arrive at specific terms for property division and parenting matters through mutual agreement instead of litigation.
Uncontested divorces may require concerted effort from the spouses. In some cases, they may even need to attend mediation together to resolve their disagreements. Some people recognize the value of divorce mediation because it protects their privacy and gives them more control over the outcome of their divorce.
Spouses have to agree for mediation to succeed
In a litigated divorce, spouses do not have any direct control over the outcome. They present information to a judge who analyzes the situation and then enters rulings based on state law. Often, both spouses feel dissatisfied with the terms of a litigated divorce.
Divorce mediation is different. The process doesn’t end until the spouses either reach an agreement about all of the critical terms for their divorce or agree that mediation has been unsuccessful and stop the process. When mediation is successful and spouses are able to compromise on issues, they both sign an agreement outlining the terms that they established in mediation.
How to recognize and respond to parental alienation
Few things are more heartbreaking than watching your relationship with your child start to slip away, especially when it feels like someone else is pulling the strings. When a co-parent begins to speak negatively about you or tries to influence your child’s feelings, it can leave you feeling powerless and overwhelmed.
This kind of emotional manipulation can take a toll not just on you, but on your child’s well-being too. Knowing where to turn and what steps to take is crucial when something as important as your parent-child bond is at stake.
What steps to take
If your child is suddenly distant, angry or refuses to spend time with you without a clear reason, it may be a sign of parental alienation. Parental alienation occurs when a child refuses to have a relationship with a parent due to conscious or even unconscious manipulation, such as the conveying of exaggerated or false information, by the other parent. Perpetrators may blame the other parent for the collapse of the marriage, punish the child for wanting to pursue a relationship with the parent or even move away so that maintaining a relationship is extremely difficult. These behaviors can deeply affect a child’s mental and emotional health, and courts take them seriously. While it’s understandably painful to witness, documenting these changes and keeping a calm, consistent presence in your child’s life is often the most important step.
What are the options for changing a mortgage after a divorce?
When facing divorce, deciding what happens to your family home involves significant financial considerations. You must determine if keeping the house is financially viable on a single income. The mortgage payment, property taxes, insurance and maintenance costs can quickly become overwhelming.
You should also consider whether refinancing is possible, given current interest rates and your post-divorce credit situation. Remember that emotional attachment to your home might cloud your judgment about what makes the most financial sense for your future.
Considerations for spouses
Before making any decisions about your home, you need an accurate appraisal of its value. Couples might agree on a single appraisal in amicable divorces, but others may need multiple appraisals for a fair valuation. Once you know the home’s worth and subtract the mortgage balance, you’ll understand how much equity needs to be divided.
What does a child’s best interests mean?
There are several matters that are discussed during a divorce. One of the most important for many families is child custody. Parents can agree to a child custody arrangement, allowing each to retain their legal right to raise their child. However, if parents cannot agree to an arrangement, a court may create a child custody order, which must be followed by the parents.
Child custody orders are not simple to create. A court may have to consider several factors before giving parents legal or physical custody of their children. One of the biggest factors to consider is a child’s best interests. You can read the following to learn more about what a child’s best interests mean:
Common factors that affect the well-being of a child
A child’s best interests refer to what is best for a child’s well-being, safety, upbringing and emotional and physical health. Every child has different needs to meet their best interests. A court may look at a child and their needs before deciding on child custody:
How to determine whether gifts are separate or marital property
When it comes time for spouses to divide their property during a divorce, they sometimes find that some of their most valuable assets are gifts they’ve received from family, friends and others over the years. Unfortunately, they must determine which of their assets are separate property and which are marital property under Virginia law.
This process may not be as obvious as it might seem. A lot of divorce disputes arise over assets that were gifts – even gifts between spouses.
When is a gift considered separate property?
It’s important to agree on which assets are each spouse’s separate property. A gift is typically considered separate property if a spouse received it prior to the marriage or if it was given to one spouse by a third party during the marriage (for example, as a birthday present).
Sometimes, however, these gifts can become marital property if the gift is something both spouses use. For example, one spouse’s parents may give them a car. If the other spouse uses it regularly, puts gas in it and takes it in for regular maintenance, an argument can be made that the car has been commingled with marital property.
For some, collaborative divorce is a smarter way to sever ties
Divorce doesn’t have to mean courtroom battles and emotional turmoil. For couples seeking a less adversarial process, collaborative divorce can offer a dignified alternative.
This approach focuses on mutual respect, open communication and shared solutions, making it particularly suitable for those who wish to avoid litigation while prioritizing their well-being and that of their family.
Possible benefits of collaborative divorce
Collaborative law promotes a cooperative environment, helping reduce divorce stress and foster healthier relationships post-divorce. It encourages open dialogue, helping couples reach agreements tailored to their unique needs regarding parenting plans, property division and financial arrangements.
Unlike litigation, the collaborative approach keeps the process private and confidential, avoiding public court records. Additionally, collaborative divorce is often more cost-effective and quicker than prolonged legal battles, saving couples time and money while preserving their peace of mind.
How mediation can help children when their parents divorce
Mediation is a common litigation alternative during divorce. Spouses sit down to discuss their disagreements with a professional. They work toward a compromise that they both agree is appropriate.
Mediation can be beneficial for people in many different circumstances, such as those who feel strongly about achieving certain outcomes. Those with minor children may also want to consider mediation more carefully than those who do not have custody issues to address.
After all, mediation can help shield children from several of the most damaging aspects of divorce.
Helps reduce conflict
Disputes between parents can become very stressful for their children during a divorce. When they hear their parents fighting in the next room or arguing over the phone, the children may feel anxious or frightened.
Higher levels of conflict have a strong association with worse mental health outcomes for children after a divorce. The focus on cooperation during mediation can help parents improve their dynamic and limit how many arguments the children witness.
Should you close joint accounts when divorcing?
One of the key goals in a divorce is to separate your finances from your spouse’s. It’s part of gaining the independence from each other you desire. So how do joint bank accounts and joint credit cards fit into this?
You will need to close all your joint bank accounts and credit cards, yet this is not something to rush into as doing so could create problems.
Closing accounts together is the safest
If you close accounts and cards together, it can prevent accusations of the closing party trying to hide assets from the other or starve them of cash. Both of these have been known to occur in divorces. Some banks will insist you both sign to close accounts, others may allow just one of you to do so. In all cases, it is better to do it together.
Timing could matter
Let’s say you and your spouse agree that you will keep all the contents of one particular account. You move ahead, close that account and transfer the money into a personal account. Depending on the timing, that might push you over a certain tax threshold, and end up costing you more than if you had waited until later in the divorce process.
A New Beginning for You and Your Family
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Located in Reston, VA, Nicole M. Burns, Attorney at Law represents individuals and families throughout the area, including Annandale, Arlington, Ashburn, Bristow, Broadlands, Burke, Centreville, Chantilly, Dale City, Dumfries, Dulles, Fairfax, Falls Church, Gainesville, Great Falls, Haymarket, Herndon, Lake Ridge, Leesburg, Manassas, McLean, Montclair, Nokesville, Oakton, Potomac Falls, Sterling, Tysons Corner, Vienna, Woodbridge, Fairfax County, Loudoun County, Prince William County, and Arlington County.
