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Family Law Archives

What types of protective orders are available in Virginia?

While no family is perfect, there are some negative events that should not exist in a health family relationship. Although disputes happen, most take the time to resolve these issues, especially if they are important to the members of the family. Unfortunately, some family members take these disputes to an extreme level. This can be damaging for the other family members, even constituting abuse.

Why are prenups more common now than ever before?

Getting married is often a goal for most individuals living in Virginia and elsewhere. However, it is more common to get married well into adulthood. Because people today are not getting married young as often as they used to, couples are uniting with more wealth and property. Because of that, it is becoming more important to protect assets by including a prenuptial agreement in a marriage.

What is a prenuptial agreement?

It is not uncommon when famous celebrities divorce to read that they shared a prenuptial agreement and that the terms of their property division and financial affairs would be settled according to that document. However, prenuptial agreements serve the interests of all individuals, not just those with significant wealth or notoriety. This post will briefly address what a Virginia couple can do with a prenuptial agreement and what provisions cannot be included in this type of contract.

What is an "uncontested" divorce?

An uncontested divorce is essentially one in which both of the parties to the marriage agree that ending the marriage is acceptable. In an uncontested divorce, the parties do not have any grounds on which to challenge the legal proceedings and both parties want to bring their marriage to its end. Virginia residents may pursue uncontested divorces if certain conditions are met.

Can you seek spousal support after a divorce?

Spousal support, sometimes referred to as alimony, is financial assistance that a person provides to their former spouse and that can last for varying lengths of time. Not every Virginia couple that goes through a divorce will have a spousal support agreement or order attached to their final decree, as spousal support is not necessary in all cases. In some divorces, the parties to the action will leave the marriage with sufficient wealth and income to support themselves without requiring spousal support.

Factors that may invalidate a prenuptial agreement

People often view prenuptial agreements as a bulletproof means of protecting their financial and property-based assets in the event that their pending marriages end in divorce. Through a prenuptial agreement, a couple in Virginia may establish a support plan, decide who will keep the house and other key pieces of real estate and determine if and how shared accounts may be separated as the couple's marriage comes to an end. Prenuptial agreements cannot make any arrangements regarding children, such as custody or support, and if they do those provisions may be invalidated.

The right approach to a contentious divorce

No one expects that their marriage will end in divorce, but, unfortunately, many marital unions in Virginia wind up meeting their ends in the courts of the Commonwealth. It is not uncommon for some couples to simply grow apart and mutually agree that the partners would be better off without each other in their lives. These amicable divorces can have their own complications, but may proceed without the overwhelming stresses that contentious divorces deliver.

What are the requirements for seeking a divorce in Virginia?

An individual who has lived and resided in Virginia for at least six months prior to filing their paperwork for divorce may seek to use the Commonwealth's courts to complete the dissolution of their marriage. In Virginia a person may base their divorce on a ground of fault or may pursue a no fault divorce if they have been separated from their spouse for at least one year.

A prenuptial agreement can be an important family law tool

While many Manassas residents consider marriage to be a spiritual or emotional bond of two people together it is actually a change in the legal status of the parties who choose to wed. The status of "married" bestows upon the partners certain rights and responsibilities to each other and their property. For example, married individuals generally have the right to inherit property from their partners in the event their partners predecease them.

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