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Fairfax Family Law Blog

What to do with the house in a divorce

You have memories, fond or otherwise, of purchasing your home, whether it was your first starter home or the home of your dreams. You moved in, decorated it, made it your own, and lived your life in it for years. Now, the question of what to do with your home is one of the more difficult ones to answer as you go through the divorce process.

Your choices are rather limited, but the consequences of making the wrong decision may have heavy financial and emotional repercussions. There are many factors to consider, including your home's proximity to work or the children’s schools, how well the home will fit into your post-divorce life and, of course, the financial considerations.

Parenting Time and Happy Childhoods

The traditional vision for raising a child involves two married parents - each pitching in with feedings and diapers, sharing play time and reading bedtime stories, and later helping with homework, and attending school events as a family. You and your spouse may have even achieved this vision for a brief period of time. Now, however, you have decided to divorce.

How can you and the other parent keep putting your child first now that you are living apart from one another and in two different homes?

Wading into the uncertain waters of military divorce

Being married to a member of the U.S. Armed Forces may seem like one challenge after another. Between training exercises, deployment, frequent moves and moves to unfamiliar cities, and your spouse's reluctance (and inability) to share certain aspects of the job, you may feel as if the world is conspiring against the success of your marriage.

Just like in every marriage, many of the trials you face will pass and you may be able to move forward with a stronger relationship. Many couples have found that marriage counseling was a great help to them. However, if counseling is not for you or hasn't helped and you are worried that you are headed toward a divorce, it is important to understand that a military divorce can be as complicated as a military marriage.

Tackling the tricky topic of a prenuptial agreement

Broaching the subject of a prenuptial agreement is seldom easy. You are probably already imagining the emotional response you may get from your intended, and you may even fear your request for a prenuptial agreement may jeopardize your relationship and cause your beloved to reconsider the whole idea of marrying you.

The way you approach the subject of signing a prenuptial agreement may make a difference in the way your intended receives it. While you certainly want to be straightforward and honest about your request, you also don't want to dive right in with a harsh demand for a prenup. When, where and how you start the conversation can be important to its outcome.

Physical versus legal custody: what you need to know

When making the decision to separate and divorce, Virginia parents are understandably concerned with the effect their decision will have on their children. Divorce will certainly have an impact on the children, but parents can alleviate any negative impact through thoughtful, sustainable custody agreements and orders.

The first step in reaching a custody agreement that works for the family as whole, now and for years into the future, is to understand the different types of custody. There is no one-size-fits-all solution to custody and visitation. Divorcing parents should consider the unique arrangements that will realistically work best for their family and not try to fit their family into a cookie cutter schedule.

As a creative, are you creating property division concerns?

Painting, sculpting, writing, taking photographs, producing films, composing music, creating video games, etc. may provide you an emotional, physical, or even spiritual outlet. Many people even earn a living or additional income from their creative work.

If you are a “creative” going through a divorce, you may have a great deal of concern about how property division will apply to your unique situation. Is your intellectual property (IP) subject to division? If so, how is it valued and divided? What happens to your royalty payments? What happens with physical works you created, such as paintings or photographs?

Divorce does not have to disrupt your retirement

You have spent years investing in and planning for life after retirement. You do not want anything to disrupt your blueprints for the golden years. Unfortunately, life is full of unexpected changes, some of which, like divorce, will impact your financial future.

If you and your spouse have recently decided to separate and move in different directions, gaining an understanding of the division of retirement assets during divorce will prove beneficial in negotiating a marital settlement agreement or preparing for divorce litigation.

3 methods of business valuation

As a small business owner, your business undoubtedly means a great deal to you. You are emotionally attached to your company because of the sacrifices you made and hard work you put into it year after year. You feel that it is a part of you and has considerable worth.

If you find yourself facing divorce, knowing the fair market value of your company is crucial in determining a fair property division and to keep you from paying more for your business than it is actually worth. When valuing a business, your sentimental attachment should not equate to dollars and cents. During a divorce and equitable distribution case, there are three common ways to value your business.

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