Powell Radomsky, PLLCFairfax Family Law Attorney | Divorce, Spousal Support2024-03-15T07:23:40Zhttps://www.powellradomsky.com/feed/atom/WordPressOn Behalf of Powell Radomsky, PLLChttps://www.powellradomsky.com/?p=473982024-03-15T07:23:40Z2024-03-15T07:23:40Zthe divorce process, which includes blocking the other side from using social media posts against you.
How social media can negatively impact your divorce
If you leave your social media posts accessible to your spouse, then there’s a good chance that they’re going to use posts against you. They might weaponize these posts to do any of the following:
Show that you have more money than you claim to have, which may be shown by lavish vacations that you’ve taken or large purchases that you’ve recently made.
Illustrate how you’ve been quick to jump into a new relationship with a love interest, which has negatively impacted the amount and quality of time you spend with your children, thus speaking to their best interests.
Highlight how you’ve engaged in alcohol or drug use that has ramifications for any child custody issues that may be lingering.
Demonstrate how you live in a household where domestic violence is occurring.
Show derogatory remarks that you’ve made about the other parent to show that you’re going to be unwilling to foster a relationship between your children and the other parent, which can impact a child custody determination.
Don’t let social media mistakes damage your divorce outcome
Social media can be a powerful weapon in a contentious divorce. You don’t want yours to be weaponized against you. That’s why as you navigate your divorce, you need a holistic plan for how to aggressively pursue the outcome you want while also defending yourself. If you need help doing that, then now is the time to reach out for the help you might need.
]]>On Behalf of Powell Radomsky, PLLChttps://www.powellradomsky.com/?p=473972024-03-04T21:48:55Z2024-03-01T21:48:09ZSpousal support is not automatic in divorce proceedings; however, it is something a spouse could request.
Virginia spousal support laws
In the state of Virginia, spousal support will only be awarded if it is deemed necessary. Often, necessary is associated with long-term marriages where there is a large income gap between the spouses or when one spouse is unemployed or suffers from a disability.
Beyond necessity, the spouse must also be eligible to request and receive spousal support. In Virginia, the court will consider certain factors and the circumstances that contributed to the dissolution of the marriage. For an example, if adultery contributed to the divorce, the spouse that committed adultery is not eligible for an award of spousal support.
Factors considered when awarding spousal support
If it is established that spousal support is necessary, the court will consider various factors when determining how it will be paid, the amount paid and the duration of support. While the factors involved in this decision can be extensive, there are common factors that are used in this decision making.
These common factors include the incomes and financial needs of both spouses, the age and mental and physical conditions of each spouse, the standard of living established during the marriage, the duration of the marriage, the contributions one spouse made for the education, training and increased earnings of the other spouse, the factors that led to one spouse staying at home as a caregiver or homemaker and any property interests of the spouses.
Based on these and other factors, the court can establish if spousal support will be paid as a lump sum payment or periodic payments along with the amount to be paid. Additionally, when periodic payments are set, this could be established for a set number of years or for an unspecified duration.
When spousal support is awarded, it is important to understand it isn’t set in stone. Either spouse has the right to seek modification to increase, decrease or terminate the payments. Thus, it is important that you are aware of your rights and the circumstances that could allow for modifications to be sought.]]>On Behalf of Powell Radomsky, PLLChttps://www.powellradomsky.com/?p=473962024-02-16T16:49:54Z2024-02-16T16:49:54Zoffering options based on your circumstances.
No-fault divorce
In Virginia, a no-fault divorce allows you to end your marriage without blaming your spouse. In a no-fault divorce, the parties agree that they have irreconcilable differences. They just also have been separated for at least one year (with no cohabitation).
Under specific conditions, this separation period can be reduced to 6 months if a written separation agreement addressing property, spousal support and child-related matters is in place, and there are no minor children involved. However, disagreements on asset division, alimony or child custody may still require court intervention if negotiation or mediation fails.
Fault-based divorce
Opting for a fault-based divorce involves accusing your spouse of specific wrongdoing that led to the marriage’s breakdown. Virginia law recognizes five fault-based grounds.
The first is adultery. This requires proving that your spouse engaged in sexual relations outside the marriage. Direct evidence like eyewitness accounts, emails, text messages or indirect proof like opportunity, inclination or guilt could be used.
The second is sodomy or buggery. This requires demonstrating that your spouse participated in prohibited sexual activities. Proof similar to adultery can be used.
The third is felony conviction. This requires confirming your spouse’s felony conviction, imprisonment for over a year and no cohabitation after confinement. Official records of the conviction and proof of no cohabitation are required.
The fourth is cruelty. This requires providing evidence of physical or mental abuse or reasonable fear of harm, leading to separation within a year of the abusive acts. Medical records, police reports, protective orders, photographs or witness statements can be used.
The final is desertion or abandonment. This requires establishing that your spouse willfully left without consent, refused to resume cohabitation and resulted in a separation of over one year. Evidence of intention, such as letters or messages and proof of separation for over a year is needed.
Whether to choose fault based
While a fault-based divorce may offer advantages like a potentially shorter waiting period or preventing spousal support, it has downsides. This includes the need for clear and convincing evidence, possible counterclaims and public exposure of personal matters in court records. In conclusion, navigating divorce in Virginia involves a thoughtful consideration of legal grounds and their implications.]]>On Behalf of Powell Radomsky, PLLChttps://www.powellradomsky.com/?p=473952024-02-07T22:02:36Z2024-02-07T22:02:36Zchild’s best interests. While you can try to negotiate a new arrangement with your child’s other parent, you need to be prepared to take the matter to court if those efforts are unsuccessful. The thought of being dragged into a legal battle may leave you feeling nervous, but you can alleviate your fears and properly advocate for your child by being fully prepared heading into your child custody dispute.
But how do you prepare to litigate a child custody modification request? To start, you have to gather persuasive evidence that supports your arguments.
Where can you look for evidence to support your child custody modification request?
The specific evidence that you present in your child custody case is going to depend on the issues at hand. Here are some ideas of places to look for evidence that might support your position:
Criminal records: If your child’s other parent was recently charged or convicted of a criminal offense, then you might be able to use those criminal cases to show that they’re unfit to care for your child or that they at least need supervision during visitation. Since criminal cases are public record, you should be able to gain access to these records fairly easily.
Police reports: Not all interactions with law enforcement lead to criminal charges. However, interactions with the police can be insightful into the home life that your child’s other parent perpetuates. So, see if you can get your hands on police reports to determine if a pattern of behavior in the household puts your child at risk.
Mental health records: Lots of people are dealing with mental health issues. That doesn’t make you a bad parent. However, those who forego mental health treatment and leave their symptoms unchecked could exhibit behavior that poses a danger to their children. If that’s the case in your child custody dispute, then you should try to gain access to the other parent’s mental health records to see if they’re receiving adequate treatment and what’s at risk by failing to adhere to treatment recommendations.
Social media: Social media can tell a compelling story. If you can see the other parent’s social media, then you should scour it to see if there are any posts that provide insight into their daily living. You might find indications of violent tendencies, substance abuse, or financial struggles, any one of which could be detrimental to your child.
Witness account: Statements from family, friends, neighbors, and even your child can be telling. These accounts can detail the other parent’s shortcoming and how they negatively impact your child. This can be powerful evidence in your custody dispute, so be sure to get as much detail as you can.
Keep in mind that some of these records, like those pertaining to mental health and substance abuse treatment, may be difficult to access. That doesn’t mean that it’s impossible, though. You just might have to take a few extra legal steps to gain access to the evidence you need.
Don’t leave your child custody dispute to chance
If your current child custody order is putting your child’s safety and well-being at risk, then now is the time to take action to modify it to protect your kid. To increase your chances of being successful here, you’ll need to be diligent and comprehensive in building your case. By doing so, you’ll hopefully present persuasive arguments that convince a judge to side with you, thereby giving your child with the outcome they deserve.]]>On Behalf of Powell Radomsky, PLLChttps://www.powellradomsky.com/?p=473942024-01-29T16:28:04Z2024-02-02T16:25:25Za recent news article noted how important it is to focus on the legal issues in the case.
Determine your goals
There are common issues in divorce cases, no matter what the facts are: child custody; child support; alimony; and property and debt division. Obviously, for those who do not have minor children, the issues dealing with children don’t need to be addressed. But, even if you only have alimony and, principally, property and debt division to address, the way these issues are decided can have a huge impact on your life – both in the present and for years into the future.
As the recent article noted, the more that soon-to-be ex-spouses can focus on the legal issues and how to get them resolved, instead of focusing on emotions and any lingering anger or anxiety that might exist between them, the better the actual process of getting through the legal case will be. And, if there are children involved in the relationship, the reality is that you and your ex-spouse will always have that bond.
So, when you are thinking about everything involved in a divorce, whether it is the emotions or the legal issues, think specifically about your goals. How do you want everything involved in the process to end? Who do you want to be afterward? How will you co-parent with your ex-spouse? Stay focused and think logically.]]>On Behalf of Powell Radomsky, PLLChttps://www.powellradomsky.com/?p=473932024-01-19T16:18:01Z2024-01-19T16:18:01ZChild support guidelines
In Virginia, a parent’s child support obligations are based on the state’s child support guidelines. These guidelines take several factors into consideration. The state may consider both parents’ income, which includes wages, salary and bonuses, the time each parent spends with the child and whether there are any additional costs for the child, like health insurance or significant medical expenses.
If both parents work or attend school and require childcare, the parent who pays for it may be entitled to reimbursement from the non-paying parent. The child support payments may be reduced if the paying parent is also financially supporting children from other relationships.
High earners
If you or your spouse are high income earners, the court may find that the standard child support amount under the state guidelines is not sufficient to meet the child’s needs and the standard of living they are used to. It may increase the amount of support as a result.
If you have significant additional income from investments or other sources outside of traditional employment, that may be added to the calculation.
The court may also consider whether the child is involved in extracurricular activities that they should continue participating in, whether the child is enrolled in private school or tutoring, and if so, may find that it is in the child’s best interest for the parents to continue paying for it.]]>On Behalf of Powell Radomsky, PLLChttps://www.powellradomsky.com/?p=473922024-01-05T11:30:59Z2024-01-05T11:30:59ZFair distribution in Virginia
Virginia courts strive to divide property and debts in a fair and reasonable manner (the equitable distribution principle). The classification of assets and debts as marital, separate or hybrid hinges on when and how they were acquired.
Types of property in the property division process
Marital property includes assets and debts accumulated during the marriage, regardless of who owns them. Separate property refers to assets and debts acquired before the marriage, received as gifts or inherited during the marriage. Hybrid property pertains to assets or debts that one spouse brought into the marriage, but that were affected or appreciated in value by the other spouse during the marriage.
Determining the difference
Virginia law provides guidelines for the court to determine the distribution of marital and hybrid property and debts. These guidelines take into account factors like the length of the marriage, contributions to the welfare of the family, etc.
What about student loan debt?
The categorization of student loan debt depends on when it was taken on and its purpose. If the student loan debt was incurred before the marriage, it is generally considered separate property. But, if the other spouse contributed to the debt payments or benefited from the education financed by the loan, it could be classified as hybrid property.
On the other hand, debt taken on during the marriage is presumed to be marital property and subject to division. However, one spouse can argue that it served a non-marital purpose or only a portion benefited the marriage.
Allocating student loan debt
When student loan debt is classified as marital or hybrid property, Virginia’s equitable distribution laws apply. This means each spouse could be responsible for a part of the debt based on their individual financial situations. The court may order spousal support or a property settlement agreement that includes debt payments. Alternatively, one spouse’s portion of student loan debt could be balanced with another asset or liability.
]]>On Behalf of Powell Radomsky, PLLChttps://www.powellradomsky.com/?p=473912023-12-28T18:30:56Z2023-12-21T18:29:54ZPrenuptial agreement sections
The specific items included in the prenuptial agreement may vary depending on your circumstances, however generally it should include several elements. It should list the names and addresses of each intended spouse, the date and location of their anticipated marriage, and how their assets and debts will be addressed.
It should also outline how their property will be divided if they divorce and whether either spouse will pay alimony. Each spouse must complete an accurate financial disclosure and present it to the other spouse before signing the agreement.
The financial disclosure should include bank account balances, investment amounts, retirement holdings and if applicable, any interests either spouse has in a business.
If there are family heirlooms, such as jewelry or artwork, that one spouse wants to keep in the event of divorce, that can be included in the prenuptial agreement as well.
General exclusions
There are some topics that are generally excluded from prenuptial agreements. If the spouses have children, decisions about child custody and child support are left to the court to decide based on the best interests of the child.
Any items that are against public policy, provisions that are clearly unfair to one of the parties, and prenuptial agreement terms that try to address unforeseeable events may be unenforceable.]]>On Behalf of Powell Radomsky, PLLChttps://www.powellradomsky.com/?p=473902023-12-11T19:06:05Z2023-12-11T19:06:05ZHow to protect your privacy in a divorce case
If you’re nervous about your personal life becoming part of the public record, then you need to find ways to maintain your privacy. Here are a few ways you may be able to accomplish that:
Consider divorce mediation: Divorce cases that are litigated in court are public in nature, which means embarrassing facts about you and your marriage can be widely known. If you chose to settle your divorce through mediation, on the other hand, then your discussions throughout that mediation process are kept confidential.
Stay off social media: Although social media can be a great outlet, it can be dangerous in the divorce context. Your spouse could use your posts against you to attack you in a child custody dispute, and such evidence can have a profound impact with the court. Therefore, it’s best to stay off social media until your divorce is finalized.
Change your passwords: There’s a fair chance that your spouse knows your passwords to various accounts. If you don’t change those passwords, then they might be able to access sensitive information that you want to keep private.
Redirect mail: If you’ve moved out of the marital home, then don’t forget to change your address with the post office. If you forget to do so, then your spouse might get their hands on information that they were never intended to see.
Request that your case be sealed: In some instances, a divorce case can be sealed, meaning that it becomes confidential, and the information disclosed during the process is kept out of the public light. To seal your case, though, you and your spouse will likely have to agree to it, and you’ll also have to provide the court with strong justification for keeping an otherwise public case confidential.
If privacy is important to you, then we encourage to follow these tips. If you’re in a marriage involving domestic violence and abuse, then you need to be even more careful with how you protect your information. The good news is that you can build an effective strategy if you start thinking through your case early on.
Developing a sound divorce strategy that suits your needs
There’s certainly a lot to contend with when you get a divorce. So much so that you might find yourself overwhelmed. When that happens, you could find yourself wanting to shut down and rush the process. Resist this urge. You can and should take control of your marriage dissolution by gaining a command of the facts, knowing the law, and finding ways to take care of yourself. By doing that, you’ll hopefully be able to secure a fair outcome that puts you on the path to a successful post-divorce life.]]>On Behalf of Powell Radomsky, PLLChttps://www.powellradomsky.com/?p=473892023-12-11T12:34:04Z2023-12-07T12:32:58ZDebt and divorce
So, how will debt impact your divorce? Well, like with most legal situations, the answer to that question will be dependent on the specific facts of any given case. However, there are some general principles that apply to debt in many divorce cases.
For starters, who accumulated the debt? Take, for example, the mortgage on the family home. In most cases, the names of both spouses are attached to that debt and, as a result, both have an obligation to pay it off.
The same can be said for credit card debt, in most situations. So, in the divorce, part of the larger negotiations around finances and property division will need to include how those debts are either split up, paid off or assigned to one party or the other.
However, other examples of debt, like student loan debt, for instance, may be the sole responsibility of the individual who took out those loans. This is especially true if the loans were accumulated when the individual was young – before the marriage, for example.
In the end, the impact of debt in your divorce case comes down to how much there is and how the spouses agree to address it as part of the larger financial picture. Each case is unique, so if you are getting ready to go through a divorce in Virginia be sure to know all of your options.
]]>