Virginia Divorce Info

Valentine's Day Divorce Advice

2008-02-13T16:52:12Z

    I found this article in today's Wall Street Journal by columnist Jonathan Clements. In it he offers five suggestions for divorcing with children. He offers some excellent, albeit unconventional suggestions on how to keep divorce costs down, maintain relations with your soon-to-be ex-spouse and most importantly how to minimize the impact ton the children.

     My favorite suggestion is as follows, " Maintain a reservoir of goodwill, because you'll need it. It will be your week with the kids, your boss will have other plans - and you may need you ex-spouse to bail you out."

    No one ever "wins" a divorce, but if you burn your bridges to the ground, everyone is sure to lose.

Things to do before you announce your divorce intentions

2008-02-12T10:12:48Z

    My apologies for what will be a very cynical post. Every day I deal with couples who treat each other with dignity and respect but have determined that they no longer wish to be married to each other. Every day I also deal with couples who wish they could treat each other with dignity and respect, but it's just not in the cards for them.
    That being said, a few precautions before you have the divorce talk will make the process easier and help keep costs down.
    1.        Photograph and inventory the household furnishings. Much as you would prepare an inventory for an insurance adjuster you should do so in the even of a divorce. You should photograph the furniture, the jewelry, contents of the safe and other valuables that will be difficult to replace.
    2.        Photocopy birth certificates, tax returns, pay stubs and other non-replaceable financial information and stash it away for safe keeping. Your attorney may need the financial information.
    3.         Make a list of your bank accounts, insurance policies, retirement accounts along with their account numbers and current balances.

    By exercising an ounce of prevention earlier on you can make the process much smoother.

Property Division Explained

2008-02-07T13:22:51Z

What follows is a gross over-simplification of how Virginia courts determine who gets what during a marriage. This process is called Equitable Distribution (or E.D.). The first step is to decide what properties are marital assets. These include retirement benefits earned during the marriage, cars, real estate, cash, stocks and bonds, personal property, etc. Take the total of the value of the marital property and then think of it as a pie. If the husband and wife cannot agree to how the division should be split, it is up to the Court to determine who gets what and it’s value. Needless to say, this is a process that is difficult, time consuming and expensive. Quite often in low asset households a prolonged fight over property division results in the parties spending $2 to get a $1 back. In low asset households it is important for the parties to understand that regardless of the fault of the marriage, it’s usually best to come to a quick agreement.

We have moved offices.

2008-02-06T15:25:10Z

Just a note that we have moved offices to 4124 East Parham Road, Richmond, Virginia 23228. We are located in Courthouse Commons adjacent to the Henrico County Government Center. Our phone and fax numbers remain the same.

Is separation possible if no one leaves the residence?

2007-03-19T14:25:00Z

One of the highest hurdles to clear in seeking an uncontested divorce is the fact that the parties are required to live separate and apart, continuously and without interruption for six (no children, with property settlement agreement) to twelve months before they can file for divorce. While many potential ex-spouses would love to move out as soon as possible, sometimes the economic reality is that neither party can afford to move out on their own and there are no close family or friends where they can set up camp for a few months. In recent years, the Virginia Supreme Court, has thankfully addressed this problem and has approved some divorces on the grounds of living separate and apart while the parties still lived under the same roof.

For these divorces to be successful, the evidence must show that for all intents and purposes they co-existed as nothing more than roommates. They were not sexually intimate; they didn’t eat each other’s food; they did not cook together; they did not clean up after each other; they don’t buy each other gifts; and they let everyone know that they are separated. If you think you want to proceed on this basis, by all means spend an hour with a local divorce attorney that can guide you through the process. An ounce of prevention is a worth a pound of cure.

Legal Separation in Virginia

2006-11-07T20:01:00Z

I frequently receive e-mails or phone calls from prospective clients who wish to start the process of separation. First off, there is no formal legal separation in Virginia. You do not have to go to Court to be separated. You simply separate. However, before you do so, there are lots of factors for you to consider and the actions you take at this time could have long lasting ramifications in future legal proceedings. You are strongly advised to consult with a divorce attorney BEFORE you decide to separate. When I have a prospective client in this situation I usually offer them a low cost consultation so that they can be advised of all of the traps for the unwary.

Before the parties separate, or soon thereafter, is often the best time to enter into a property settlement agreement. This agreement will control custody, visitation, support, and division of the marital property. The great thing about this agreement is that you and your spouse control the terms, not two lawyers and a judge. If a property settlement agreement is entered into quickly, the process of separation usually goes smoothly and all that is left is for the days of the calendar to pass until it is time to file for divorce.

Adultery and Divorce a Primer for the Cheater and the Cheatee

2006-11-07T20:29:59Z

A simple definition is in order here. Adultery is the physical act of intercourse. And no, that's not my "male" definition, it's from Black's Law Dictionary. If you and your spouse disagree, take it up with them!

Cheating can have very strong consequences to your divorce action or it can have little to no impact at all, it depends on your situation. The "cheater" is generally prevented from winning spousal support or alimony unless there it's denial would result in a "manifest injustice." What is a "manifest injustice?" Darn good question, and the answer is kind of a "I know it when I see it" situation.

Adultery is also considered in dividing the marital estate by the judge as it is a ground of marital fault. If you assume that the division of the marital estate should be 50/50, sometimes adultery can shift the division.

Adultery can also be very difficult to prove in a divorce setting. You need clear and convincing evidence that adultery has occurred. Divorce attorneys, including myself, have a network of private investigators that we keep in our Rolodex for this purpose.

Adultery also effects your divorce proceeding, because it is the one divorce ground that does not require a waiting period before filing for divorce.

One final note, most of the time, adultery does not and will not affect your rights with your children. The Judge will not consider the reasons of why the marriage ended when determining what is in the best interests for your children.

--- Shane L. Jimison, Esq.

Help! I can't find my spouse, how will we get divorced?

2006-11-05T14:26:36Z

When I first started practicing, one of my first divorce cases was a situation where the husband and wife had parted thier separate ways over 20 years ago. They had long lost contact with each other, and had really no idea where the other party was located. The problem was my client was ready to get re-married and needed to be divorced first in order not to be a bigamist! We filed a motion with the Court so that they would issue an Order of Publication. The Notice was then published in a local newspaper and when the time and date in the notice elapsed we could proceed with the divorce. Problem solved and my former client and his new wife are living happily ever after.

Frequently Asked Questions in my uncontested divorce practice

2006-11-06T19:53:37Z

How do I know if I qualify for your Uncontested Divorce service?

You and your spouse can qualify for an uncontested divorce if the following requirements are met:

a) you or your spouse has been a resident of the State of Virginia for at least the last 6 months before we'll file;

b) you and your spouse agree to a divorce (keep reading if one spouse does not agree); and

c) you have been separated for at least twelve months, or six months if you have an agreement and no minor children.

How do I get started?

Call or e-mail our firm to get started. We will begin by discussing your situation and making sure that an uncontested divorce is the best way to proceed. We will then have you fill out one of our data sheets and have you sign an engagement agreement. Once those are received along with our fee, we can proceed very rapidly. If using e-mail and paying online, you may never have to come in until depositions are scheduled!

What if I don't know where my spouse lives?

If you have lost touch with your spouse and cannot find them, all is not lost. If you have some identifying information (such as a social security number) we are often able to find them using our special software. If the spouse is still not found, a divorce can be obtained by filing an order of publication and having a notice published in the newspaper. There is an additional attorneys' fee of $100.00 for this service and you will also have to advance the cost of the newspaper fee prior to it being filed. Currently, the cheapest Richmond-based newspaper publication is around $150.00.

Will I need to go to Court?

If you qualify for this service, no court hearings would be necessary.

Will I need a witness to get divorced?

Yes, Virginia law requires that grounds for divorce be corroborated by a third party who is not your spouse. This is done during depositions held in my office (if Richmond based) or at a court reporter's office convenient to your location. I generally suggest that they bring an adult family member or friend along who knows the both of them to corroborate that they have been separated for a certain time period.

Do I need a property settlement agreement?

The short answer is: it depends. Property Settlement Agreements are always a good idea for everyone's protection, even if there are few assets and a short duration marriage. However, they are not a requirement for divorce unless you have no minor children and are filing for divorce after being separated for six months or more. If you have minor children or have been separated for 12 months or more, there is no legal requirement for a property settlement agreement under Virginia law.

How do I get my name changed?

Our attorneys will submit an Order for Name Change along with your Court papers so that when the Judge signs the Final Decree for Divorce, your name can be changed as well. There is an additional fee of $100.00 for our attorneys to perform this service.

Do I need to bring my marriage certificate?

Contrary to popular belief, no one needs to see your marriage certificate in order to get divorced.

How long do I need to be separated?

If you have children, you must have been separated with the intent of remaining separated for twelve months or more. If you have no minor children, you have to be separated for six months or more if you have a signed property settlement agreement.

How long will it take to be divorced?

Our process will not take very long at all. If the spouse is cooperative and returns the necessary paperwork in a timely fashion the whole process from start to finish can take as little as 3 weeks.

Will my spouse need to come to your office?

Not usually. If your spouse is agreeable to sign the waiver of service and notice of process, there is no need for them to appear. Through mail and e-mail, most communications can take place as intrusively as possible.

Do you take credit cards?

We are able to process all major credit cards using paypal.

Do you take payment plans?

Given our low fees and our ability to accept credit cards we try to discourage payment plans. However, in some circumstances we will allow you to pay sixty percent of your fee upfront, and forty percent at the conclusion of your matter with the understanding that the divorce will not be finalized until we have been paid in full.

How do I get an annulment in Virginia?

2006-11-05T14:31:38Z

Whether it is from talking with friends, reading news reports, or hearing celebrity gossip, annulments are frequently misunderstood by the party(ies) wishing to obtain one. In Virginia, there are only very specific and narrow requirements that must be met for one to obtain an annulment.

They are split into two groups, the first being void ab initio marriages. These include:

· Same sex marriage

· Bigamous marriage (marrying another while still being married to someone else)

· Marrying a relative (in Virginia this includes ancestor and descendant; brother and sister whether whole blood, half-blood, or by adoption; and uncles and niece or between and aunt and nephew)

· Underage marriage

The second group includes voidable marriages, these include:

· Mental and physical incompetence at the time of marriage

· Marriage to a felon if the other person did not know at time of marriage

· If one person had been without the knowledge of the other, a prostitute

· If mother is with child by another person other than the husband at the time of marriage

· Fraud

· Duress

· Sham marriages – so called “Green Card” marriages

· Marriage in jest – remember Britney Spears and Jason Alexander's 24 hour marriage that was supposed to be done on a dare?

What is the difference between void ab initio marriages and voidable marriages?

Void ab initio marriages are thought to be contrary to public policy and the state has an interest in ending the marital relationship. Support and property rights are generally waived if an annulment is granted on void ab initio grounds, not so with an annulment granted on voidable grounds.

Are there any time limits after the marriage that I must comply with to obtain an annulment?

Yes. Generally speaking, you have to file for an annulment within 2 years of the date of marriage or you will be barred from seeking an annulment.

What is the legal difference between an annulment and a divorce?

A divorce is the dissolution of a legally valid marriage whereas by granting the annulment, the court is saying that the marriage never existed in the first place.

Pre-marital agreements or Pre-nups

2006-11-05T14:31:58Z

The term “pre-nup” evokes images of older couples marrying who already have accumulated their wealth, not two young people starting out. That image is quite frankly outdated. Today, many younger people, with or without money, are obtaining premarital agreements prior to marriage. No matter how romantic your notions of marriage are, it simply makes good sense to determine your legal rights and obligations upon the event of divorce.

Before marriage the future husband and wife can determine the rights and obligations of either party concerning any property; spousal support; life insurance benefits; wills; what happens to the property upon divorce; and any other right or obligation that does not violate public policy.

Child support is NOT an issue that can be decided in a premarital agreement.

Premarital agreements are best signed well in advance of the wedding and each party should have effective, legal representation before signing.

Bring these items to your initial child custody consultation

2006-11-05T14:32:17Z

When you come to visit a lawyer for the first time about your custody situation it is often helpful to provide your lawyer with documentation concerning your situation so that they can read it and assess it long after the meeting is over.

The following is a short list of items that a lawyer would benefit from reading at your initial consultation. When choosing what to bring, error on the side of bringing too much information!

1. Any agreements between the parents regarding the children.

2. Reports from any agencies that may have become involved, including mental health professionals and pediatricians.

3. Photographs of your children if they have suffered injuries from the other parent.

4. Any court papers (orders, petitions, pleadings, etc.) relating to the children.

5. Recent report cards, disciplinary reports, etc.

6. Any communications between the parents concerning the children (audio-video, letters, emails, etc.) that stand out.

Is alternative child support really a good idea?

2006-11-05T14:33:03Z

I often have divorce clients who come to me and tell me that they have "everything worked out" and that they just need me to push the paperwork. I'm often skeptical of such claims, but occasionally you do find the well-researched couple that indeed has "everything worked out." Often if there are children involved they come up with alternative arrangements to satisfy the need for child support other than the standard child support guidelines that would be enforced in a court proceeding.

The child support guidelines (which can be found in Virginia Code § 20-108.2) methodically set forth the child support obligation among the parents based on how many children need support and the combined gross monthly income of the parties. Other financial concerns such as work-related child care and health and dental insurance are taken into account when determining the final obligation. For most, this is a quick and easy way to determine how much child support should be paid to the custodial parent, attorneys like it for it's simplicity and Judges like it because the guidelines come from the wise old men in the General Assembly.

Traditional child support (i.e. a Court Order stating X pays $500.00/month to Y) is easy to enforce. In fact the Division of Child Support Enforcement was created by the General Assembly for that exact purpose. Non-traditional child support (X pays Y when there is a need or X pays for the children's child care and clothing) becomes much more difficult for a judge to enforce. However, I have had clients where non-traditional child support is much easier, and stress free for the parents. Of course for non-traditional child support to work it is helpful if the parties are mature, aren't fighting with each other and legitimately have their children's best interests at heart.

Of course, all situations are different, I just wanted to bring to your attention the potential benefits and drawbacks of handling child support alternatively.

Property Settlement Agreements

2006-11-05T14:33:30Z

Separation Agreements (also called martial settlement agreements, property separation agreements, property settlement agreements, PSAs, MSAs, etc., etc.) are a way for parties to determine all of most of the issues to be considered when
divorcing, before they actually file for divorce. Issues that can be governed by a PSA include, but are in no way limited to:

division of property

child/spousal support

child custody/visitation

division of pension/retirment plans

tax planning

insurance coverage

The benefits of having an agreement are numerous, with the chief among them being that the parties decide, rather than the judge.

In addition to the security and stability benefits from a PSA, signing one will also reduce the waiting period from 12 months to 6 months if the parties have no minor children and are seeking a no-fault divorce.

Fault Based Divorces

2006-11-05T14:33:54Z

Adultery

A divorce may be granted if one of the parties is found to have committed adultery. The adulterous act must be proved by clear and convincing means, which can often be difficult to prove. It is important for the person who has filed for divorce and is alleging adultery to remember that they are still married until the divorce is final. Post-separation adultery is still adultery.

Adultery also generally bars the adulterous spouse from receiving a permanent spousal support award.

Conviction of a felony
	If one spouse is convicted of a felony and is sentenced to jail or prison for a period of 12 months or more a divorce may be granted to the non-incarcerated spouse.

Cruelty or Desertion
	The divorce grounds for cruelty or desertion may be granted when a spouse has caused a reasonable apprehension of bodily harm, or deserted the other spouse. The non-offending spouse may be granted a divorce on these grounds 12 months after the date of the offending act.

Living separate and apart
	A divorce may be granted if the parties have lived separate and apart for a period of one year or more (6 months if there is a property settlement agreement and no minor children). Ine of the parties must have had the intention to be permanently separated on the date of separation. Generally speaking, the parties must refrain from living together at any point during the separation period.

No-fault uncontested divorces

2006-11-05T14:34:18Z

In Virginia, the grounds for a no-fault divorce are called "living separate and apart." In order to satisfy the necessary elements to obtain a no-fault divorce, the parties must have lived separate and apart without cohabitation or interruption for a period of 12 months or more. If the husband and wife have no minor children born of or adopted by the marriage and have a signed separation agreement, a no-fault divorce may be obtained after a separation period of 6 months.

No-fault divorces can be performed on a flat fee basis and can be concluded in a short turnaround if the parties can agree.

For more information about uncontested divorces feel free to contact me at my Firm website.

Welcome to Virginia Divorce Info.com

2006-10-17T10:46:00Z

    Welcome to VirginiaDivorceInfo.com. My name is Shane Jimison and I maintain an active legal practice in Richmond, Virginia. The goal of this "blog" is to consolidate information that I have scattered over a variety of mediums for the benefit of you, the legal consumer. My goal is to educate and inform the potential divorce client so as to make you a better, more informed client. If you ultimately end up a client of my firm that is great, but if not, I trust that this site will serve as a resource to help you make informed decisions about the process.
    Now we all know that no writing by a lawyer meant for public consumption would be complete without a disclaimer, so here goes: I am a lawyer, but I'm not your lawyer unless you have retained my services and I have agreed to represent you. The information contained on this site is for educational purposes only and should not be construed as legal advice. I urge you to contact your attorney with questions and to not act on information found on this website alone.
     For more information about my firm please go here.