An Experienced Divorce Attorney Discusses Factors that Affect Alimony

When a divorce is filed, one of the biggest points of contention is how to divide properties among spouses. That being said, this isn’t the only sticking point that divorcing couples should be aware of.

Another major factor that holds up a divorce proceeding is the amount of alimony to be paid. If you’re not familiar with the concept of alimony, it is a law designed to protect one spouse against the unfair economic effects a divorce might brings.

For instance, if you were a stay at home mother for the last ten years prior to filing a divorce, you have been financially reliant solely on your spouse’s income. And since you’ve been out of the workforce for a decade, it may be harder for you to find a job and subsequently become self-reliant. An alimony payout will help you during this interim period as you brush up on your skills and attempt to find gainful employment.

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Is the Help of a Divorce Attorney Needed for Uncontested Divorces?

Like most people, you probably watched with grim fascination as Sir Paul McCartney’s marriage to Heather Mills disintegrated before the public’s eyes. The couple, who married in 2002 in a lavish $3.2 million wedding in Ireland, had anything but a happily ever after, battling it out in court for over two years in what is deemed as one of the most acrimonious divorces in history. In the end, the former Beatles member had to pay his ex-wife $48.6 million in settlement.

Indeed, the media tends to play up the ugliness of divorce proceedings, but the truth is that most divorces aren’t nearly as drama-filled as this. In fact, statistics show that 95% of divorces are uncontested.

Understanding Uncontested Divorces

According to a family law attorney in Newport News, VA, an uncontested divorce is one wherein both spouses agree on major issues such as parenting responsibilities, division or properties, and spousal support, among other things.

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A Family Law Attorney Answers the Most Basic Child Support Questions

Divorce is often a difficult process for all parties involved, but especially so when there are children to consider. Both spouses certainly want the best for their offspring, and this involves ensuring that they receive all the care they need until they reach an age when they can care for themselves.

As a parent who is planning to file for divorce or already going through one, you may be wondering how child support will be calculated in your case. Different states have different ways of calculating child support, so a family law attorney in Virginia Beach, VA is essential in answering any questions you may have about this issue, such as:

How is child support determined?

No two families are alike, so each child support agreement is unique. Furthermore, every state has its own laws as to how child support is calculated. In the state of Virginia, there is a standard schedule that is used to determine the amount of child support you will pay or receive.

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Understanding Alimony with the Help of an Experienced Divorce Lawyer

When you and your spouse get a divorce, the court may award spousal support, or alimony, to one of you. This is often determined based on an agreement between you and your former spouse, or through a decision by the court.

The purpose of alimony is to mitigate any unfair financial effects of divorce on the spouse who has a lower wage or does not earn at all. For instance, one spouse may have decided to support their family and forgo their career during the marriage. Alimony gives them time they need to develop skills they can use to support themselves. It can also help a spouse maintain the standard of living they had during the marriage.

Are You Entitled to Alimony?

However, not everyone is entitled to receive alimony. Often, it becomes a source of serious disagreement during divorce proceedings. That’s why in many states, the courts examine various factors to determine if a spouse is entitled to this benefit.

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Family Law Attorney Discusses Domestic Violence, Divorce, and Custody

If you are a victim of domestic violence, you may want to seriously consider divorce and fight for sole child custody. However, in many such cases, it becomes difficult for one spouse to prove the other as guilty due to missing pieces of evidence or testimony by minors (children). Ideally, you will want to drive your case towards divorce and child custody, and not allow the court and your spouse to consider it as a mere domestic violence case.

If you need additional information, below are some tips given by a family law attorney in Newport News, VA:

Keep Records

If you are keeping domestic violence as the basis for your divorce and child custody claim, then the court will take into consideration the legal records of both the spouses. Any history of your spouse involved in similar cases will work to your advantage.

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Divorce and Separation: Seeking Help from a Local Family Law Attorney

Divorce and separation are two common terms most people get confused with. Note that according to federal law, there are different kinds of separations, each impacts the couple’s rights differently. In addition, you must also note that every state has its own laws regarding divorce, separation, and property rights.

Your family law attorney in Virginia Beach, VA, will help you understand the specific laws related to the following different types of separation.

Trial Separation

As the name implies, trial separation is when a couple separates for a certain time to decide whether or not they want to continue with the marriage. When a couple is on trial separation, regardless of the tenure, the property and the debts incurred during the period will be considered marital property. Note that trial separation is usually not legally recognized but can be agreed upon by both parties and placed as an agreement.

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Divorce Lawyers Identify Top Divorce Blunders with Serious Outcomes

Any divorcing couple knows they are making a life-changing decision. Whether good or bad, the outcome of a divorce greatly depends on how the couple in question behaves and acts in the process. Right decisions have to be made to avoid blunders that might seriously affect the case. Here are some of those blunders.

Getting Pregnant during Divorce

Many divorcing couples are already living separately before they file for a divorce in court, and sometimes with their live-in partners. If the wife gets pregnant with her live-in partner while the divorce proceedings are ongoing, she might lose her right to divorce. This is because the court may assume that the child will likely have no financial support after the divorce is served. Not all courts may have a similar assumption but it is not a risk divorcing spouses should take.

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Divorce Lawyers in Virginia Beach on the Route to a Successful Divorce

Divorce is a lengthy ordeal many marriages in Virginia Beach unfortunately end in. Although a lot of divorce cases conclude peacefully, the months and years before filing are almost always nerve-wracking for the divorcing couple. Thankfully, with enough knowledge and preparation, you can successfully overcome this tough challenge. Here are some of the things you need to consider before finally filing for a divorce.

To Pro Se or Not to Pro Se

“Pro Se” is the legal term for “representing yourself.” Just like in most types of cases, you have the option to represent yourself in a divorce case. Meaning, you may choose not to hire a lawyer. While this may seem less expensive and more private, it is not a good option. Introducing your case, presenting evidence, asking questions, and making claims are tasks that require legal expertise, and only experienced divorce lawyers can perform them effectively.

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Is an Uncontested Divorce Right For You? Ask a Divorce Attorney First

Contrary to what others may believe, couples filing for divorce don't always have to discuss important issues in court. In fact, they may not even have to appear in court. Such an amicable divorce is also known as an uncontested divorce, and are available to spouses willing and able to work through all the important issues of their divorce.

Not every case of uncontested divorce is the same, though, and not all of them may run smoothly. The process may get complicated once children, properties, and assets are involved. This is why, as a divorce attorney would tell you, ending up with an uncontested divorce would only work only if you and your spouse is willing to do these things.

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An Experienced Divorce Attorney Debunks Persistent Myths on Mediation

Though filing for divorce is definitely one of the most difficult decisions a married couple will make during the course of their relationship, matters on your separation doesn't always have to be settled inside the courtroom. Through mediation, both parties can discuss and possibly resolve the issues involved in divorce without suffering much financial damages.

Despite the obvious benefits, however, some couples choose not to consider mediation. Their hesitation mostly comes from numerous myths and misconceptions surrounding this method. When you ask a divorce attorney, however, you can learn the truth behind these persistent myths on mediation.

Mediation is more of a hassle

When you bring your divorce to the court, you will then have to wait for their cumbersome and, at times, expensive process of gathering information and making a decision.

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