Fairfax Legal Blog

Property division during divorce can feel overwhelming which is why it is important for divorcing couples to keep in mind that the family law process provides legal resources to help guide them through the process of dividing their property. In some circumstances, divorcing couples are dividing a lifetime of property they have acquired together so understanding basic property division principles can help guide them through the property division process.

It is always helpful for divorcing couples to be prepared to negotiate a property settlement agreement between themselves whenever possible. The divorcing couple is in a better position to determine how property should be divided than the family law court, however, the family law court can help divorcing couples who cannot work out their property division concerns with a property division settlement. It can be less costly, acrimonious and time-consuming if the divorcing couple is able to resolve their concerns together which is true of most divorce-related concerns divorcing couples will need to resolve.

Brain injuries can take an obvious toll on victims but some of the toll a brain injury can take on victims and their families is less obvious. Brain injuries can have an extensive impact on victims, their families, communities and society as a whole and the physical, financial and emotional costs to victims and others can be staggering.

Because brain injuries can sometimes initially be difficult to spot, brain injury victims and their families should know what to watch for. The symptoms of a brain injury can include numbness; weakness in the limbs; excessive drowsiness; a severe headache; dizziness or loss of vision; slurred speech; vomiting or nausea; and loss of consciousness and confusion. The extensive impact of brain injuries can be disruptive to victims physically and emotionally and may result in mood and personality changes as well.

Divorce has a way of shaking up your financial circumstances. You will have to share your debt, as well as your assets, with your ex. Many people find that they have to adjust their expectation regarding their standard of living. In fact, it can be a downright struggle for you to make ends meet in the days immediately following the end of your marriage.

If you have primary custody of the children from your marriage, that can drastically increase the costs of maintaining your household. You will likely be dependent on child support for making ends meet financially. When your ex doesn't pay child support in full, you may have trouble paying rent or getting your kids the supplies they need for school or extracurricular activities.

Spousal support is one of the issues divorcing couples may need to resolve when they decide to end their marriage. In Virginia, spousal support is generally awarded only when it is necessary, so it is also useful to be aware of what necessary circumstances might be and when the court commonly awards spousal support.

In Virginia, the family law court may award spousal support during divorce in circumstances when there is a large gap in income between the spouses; when one spouse is not employed; when one spouse has a disability; and typically, when a marriage has been long-term rather than short-term. The nature, amount and duration of spousal support may also be awarded in different ways based on the family law court's evaluation of the request for spousal support.