Divorces among couples over the age of 50 are on the rise. A recent CNN article told the story of Margie and Dick – a Virginia couple who, after 37 years of marriage, decided to get divorced.  Margie and Dick, along with their respective lawyers, worked together to reach a divorce agreement that provided for each of their financial needs and allowed them to remain friends.  While there are many different factors that contribute to divorce, one thing is becoming increasingly clear: Margie and Dick are not alone.

A study conducted by Bowling Green State University revealed that baby boomers are seeking divorces at an unprecedented rate. According to the study, the rate of divorce among adults over the age of 50 doubled between the years 1990 and 2010.  In the year 2010 alone, adults over the age of 50 accounted for nearly one in four divorces.

No matter the circumstances surrounding a divorce, it is imperative that you consider your financial security.  One of the most important aspects during a divorce is how to divide assets between the spouses. In many cases, this will include a division of retirement benefits that accrued during the marriage.

Dividing Retirement Benefits Under Virginia Law

Upon divorce, Virginia courts first determine whether the couple’s assets are separate property or marital property. Property that is considered separate is not subject to division. This can include assets acquired prior to the marriage, and gifts or bequests to a one spouse during the marriage.

Assets that are considered marital property are then divided between the parties. Under  Code of Virginia § 20-107.3, the portions of pensions, retirement plans, and deferred compensation plans that are acquired during the marriage are considered marital property. Thus, it is likely that all types of retirement benefits that you acquire during your marriage are subject to division by the courts.

How Do Courts Decide Who Gets What?

There is no strict formula used to determine how to divide assets – such as retirement benefits – among spouses. Rather, Code of Virginia directs courts to consider several factors when dividing marital property. These factors include:

• The duration of the marriage
  
• The ages and health conditions of the parties
  
• Each party's’ contribution to the well-being of the family – both monetary and non-monetary, such as raising children
  
• The circumstances contributing to the divorce, such as adultery, abuse, or abandonment
  
• The debts and liabilities of each party
  

If you are considering a divorce, it is important to remember that the process and subsequent division of assets do not have to be a contentious experience. Despite the portrayal of divorces in the media and popular culture, many spouses reach amicable agreements. Indeed, this was the case with Margie and Dick. Margie and Dick each retained their own lawyer, and, with the help of a third-party, reached an outcome that not only provided for both of their needs, but also allowed them to be friends to this day.

Garrett Law Group, PLC can help you navigate the complex divorce process and reach the outcome that you desire. If you would like more information about divorce and the potential financial consequences, please contact one of our experienced attorneys for a confidential consultation.

Divorce law has special exemptions when it involves people who are in the military. In cases of military divorce, matters like alimony and child custody are examined in a different light to make sure that the proceedings won’t negatively affect an individual’s ability to continue to serve their country. Each state has its own laws when it comes to handling military divorce. For those in the state of Virginia, the laws pertaining to that area are explored in depth here.

Active Duty Protection

One of the big hurdles faced by military spouses is the chance that they might be served with divorce papers while deployed out of the country. In some states, that places the spouses in default for the case which may mean that they return home to find that they have been divorced without their knowledge. Virginia has laws set up to protect military personnel from this situation. If a service member is on active duty, then the proceedings can be postponed for up to 60 days. This gives ample time for all parties to be informed, which means that there won't be a scramble to handle the many complicated legal aspects of a military divorce case.

Serving Papers to a Military Spouse

For military divorce proceedings to begin, a spouse serving in the military needs to be served their paperwork in person. This can sometimes lead to a delay, especially if the spouse is currently deployed. The goal behind this law is to make sure that delicate matters like alimony and child custody are not rushed into but are rather tackled from all different angles. These Virginia laws are all focused on handling cases where there is something to be contested in the proceedings. In the case where a couple wants to be mutually divorced, the serving of papers can be avoided. In that case, the spouse who is serving in the military only needs to sign a waiver to inform the courts that the divorce is mutual and uncontested.

Who Qualifies for a Military Divorce?

In order to gain a military divorce in the state of Virginia, at least one of the spouses involved needs to be a current resident of Virginia or somebody in active service who is deployed to Virginia. There are certain other restrictions designed to protect the serving spouse as well. For example, a member of the military doesn't have to pay any retirement funds to the other spouse unless the marriage has lasted at least 10 years while the person in question was serving in the armed forces. Child support and alimony are also not allowed to exceed more than 60% of the military personnel's allotted pay. Aside from these guidelines, the typical laws of the state of Virginia apply.

Virginia residents are lucky enough to have a state that makes sure that military divorce proceedings are equal and fair to both parties. Most of the state's laws remain the same, but the exemptions above are designed to make sure that nobody can take advantage of a soldier's service status to gain leverage during proceedings.

The End of a Marriage

The end of a marriage and the beginning of a divorce may be difficult for many people to comprehend. The end of a relationship can be very painful, and the thought of dividing property, parental rights, determining child support and separating lives in general, can be daunting for both soon-to-be ex-spouses. However, if both spouses can agree on things like who will get the house, who will take the kids, and who will pay which debts, a divorce can be somewhat amicable, less complicated, and cheaper.

What is an Uncontested Divorce?

Under Virginia law, parties who agree to the terms of a divorce may petition the court for an uncontested divorce. As discussed by the Virginia Beach Circuit Court, an uncontested divorce is one in which all of the issues have already been agreed to by each spouse. Uncontested divorces and divorces in general, are governed by Title 20 of the Code of Virginia. The rules of the local jurisdiction in which the divorce is being filed, and the Title 20 rules, govern the procedure of an uncontested divorce.

Requirements for an Uncontested Divorce in Virginia Beach

Under Title 20, and the Virginia Beach Circuit Court Rules, in order for two spouses to be eligible for an uncontested divorce, they must first absolutely agree on each term of the divorce. This means that both spouses agree about issues such as property division, division of debts, child support, child visitation, and other such issues. Secondly, the divorce must be a no-fault divorce, which means that the grounds for divorce are either separation for the statutory period (one year), or a motion will be filed for a no-fault divorce. Third, the parties must have written, signed agreements reflecting child support, spousal support, and child visitation, unless these items are not requested by either spouse. Uncontested divorces are heard by a judge, commissioner, or, in some cases, a party may have a case heard in support of the divorce by deposition or affidavit.

Uncontested Divorces: Do I need a Lawyer?

Uncontested divorce is usually less complicated and costly than a divorce that goes to trial. There are, however, many areas of an uncontested divorce that require skill and expertise in the area of law and statutory interpretation. For example, in order for an uncontested divorce to be valid (and for a judge to sign the final decree), issues such as jurisdiction, notice, timing, and filing procedures must be followed by the book. Additionally, the final decree will embody the rights and responsibilities of each party after the marriage, and if each term is not carefully planned, one spouse may lose his or her rights, or property.  This is especially important in the area of child support, child visitation, and spousal support. If each spouse does not know his or her rights, he or she may sign away extremely important rights to see the children or get support for their care.

If you are interested in filing for an uncontested divorce, you should seek out the assistance of an experienced family law attorney. An uncontested divorce is generally cheaper and easier than a contested divorce. One tip is to prepare all of your documents for the visit with your lawyer. Contact Garrett Law Group, PLC today for a confidential consultation.