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.

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.

Many people are familiar with the stories of men and women falling in love while one is incarcerated. Incredibly, there are websites that exist for the sole purpose of facilitating relationships between prisoners and those on the outside. Yet it is far more common for relationships to end – rather than to begin – when someone goes to jail. A felony conviction and a lengthy jail sentence can be devastating to both the person convicted and that person’s spouse. When considering a divorce in Virginia due to an incarceration, there are several things you should know.

The Initial Requirement for a Divorce in Virginia

In order to get a divorce in Virginia, one must first meet Virginia’s residency requirements. One spouse must be an actual resident and domiciliary of the state for at least six months prior to the commencement of divorce proceedings. Given the large presence of servicemen in Virginia, the law presumes that the members of the armed services meet this requirement if stationed in the Commonwealth for at least six months. Once one party meets this requirement, the rest of the divorce process will depend on the grounds on which a party is seeking a divorce.

Incarceration as Grounds for Divorce in Virginia

Normally, Virginia mandates a year-long waiting period prior to granting a divorce. Incarceration, however, is an exception to the waiting period. Under the Virginia Code, one can seek an immediate divorce if the plaintiff – the person seeking the divorce – can establish the following requirements:

• Either of the parties to the marriage has been convicted of a felony;
  
• This party was sentenced to confinement for more than one year, and;
  
• Cohabitation has not been resumed after knowledge of such confinement.

The grounds for the divorce – in this case the felony conviction – must have occurred after the parties were married. Likewise, the felon must actually be incarcerated for some period of time for the crime committed. If the felon was convicted, but immediately given probation instead of jail time, neither spouse can use incarceration as grounds for a divorce.

A divorce when one spouse is incarcerated at the time of the divorce requires an additional step. A court will not grant a divorce until it appoints an attorney for the incarcerated spouse. Known as a guardian ad litem, this attorney represents the prisoner’s interest in the divorce. Normally the spouse seeking the divorce will be required to pay for the guardian ad litem; however, this requirement will be waived if the crime involved physical injury, sexual assault, or sexual abuse against the spouse, child, or stepchild.

Many assume that spouses of inmates initiate divorce proceedings, but this is not always the case. Some inmates want a clean break during their incarceration or a fresh start upon release. If you are incarcerated and want a divorce, begin by speaking with your spouse. Because of your limited access to information and the outside world, an uncontested divorce – one in which you both agree to the divorce and its terms – will be much more simple than a contested divorce. Regardless of whether you and your spouse agree to the divorce, it is important to consult with an attorney.

Divorcing in Virginia can be lengthy and expensive. Likewise, the courts have broad discretion in awarding child custody, and child and spousal support. If you are considering a divorce in Virginia, our experienced family law attorneys can help you navigate this complex process and get for you what you deserve.

Under Virginia law, it is required that spouses live separate and apart for a period of either six or twelve months(depending on whether there are minor children) prior to finalizing a divorce. Maintaining separate households for this time period can be a strain on finances for many couples, particularly in today’s economy. Fortunately, the law does not require establishing separate residences, only that the parties live “separate and apart”.

How To Establish Separation In The Same House

There is no rule in Virginia divorce law that must be followed to live separate and apart under the same roof. The burden of proof is on the party (or parties) seeking the divorce to present evidence to the court which indicate the separation. This can be proved by any number of facts, but below are some ways that may be helpful:

• Sleep in separate bedrooms, or if only one bedroom, have one party sleep on the couch. Time sharing the bed is permitted, so long as the bed is not shared together. Do not eat together as a couple.
• Do not engage in any romantic or sexually intimate activities. Stop wearing wedding rings, no gift giving, no hand holding, no kissing, and no intercourse.
• Perform your own household chores and do you own shopping. Cook and clean for yourself; do your own laundry.
• Separate your finances. Open separate checking accounts. If you have joint bills, such as a mortgage, send two separate individual checks. If only one party has an income, write a monthly or weekly check to the other party for them to deposit in their own personal checking account.
• Do not go to social functions as a couple; if you attend the same church, drive separately.
• Tell your friends and family about the separate living arrangements. Have them stop by from time to time to observe the separation.

Having minor children, particularly small children who may not understand, can complicate matters somewhat. It is alright to have occasional meals together, especially for holidays, their birthdays and special occasions, for the benefit of the children. You may attend meetings together with teachers, doctors and counselors, and also attend your children’s social events, like piano recitals or baseball games, but you should take separate transportation; and if possible, do not sit together.