Wednesday, May 27, 2015
Who should be part of my divorce team?
Having a group of people and professionals to assist you through the process of a divorce is important. In addition to your legal team, you want to consider the benefits of a tax attorney, financial planner, accountant, therapist, real estate attorney, business attorney, wills and trust attorney as well as friends and family. Each professional brings an area of knowledge that may be able to help when putting all the pieces together.
Thursday, May 21, 2015
Speaker Series announced for Fall/Winter 2015
It has been a pleasure to bring you a monthly speakers series on topics of interest in family law, elder law or life in general. We are excited to share our line up for the rest of 2015 (note: we are not having workshops in the summer to allow folks to travel, etc).
Sept. 16: Caring for Mom & Dad - practical and legal considerations.
Oct. 14: Parenting Schedules
Nov. 11: Healthcare Issues for Seniors
Dec. 9: College Financial Aid
Please join us at 7:30 a.m. for coffee followed by our presentation at 8:00 a.m. 12090 West Broad Street, Richmond VA.
Sept. 16: Caring for Mom & Dad - practical and legal considerations.
Oct. 14: Parenting Schedules
Nov. 11: Healthcare Issues for Seniors
Dec. 9: College Financial Aid
Please join us at 7:30 a.m. for coffee followed by our presentation at 8:00 a.m. 12090 West Broad Street, Richmond VA.
Monday, May 11, 2015
I'm scared of my spouse. Can I get a protective order?
In Virginia, if you are scared that your spouse may harm you, you can seek a family abuse protective order. There are three kinds of family abuse protective orders: emergency, preliminary, and permanent.
Emergency Protective Orders
An emergency protective order may be granted by a circuit court, general district court, juvenile and domestic relations district court, or magistrate. If the courts are closed on a day that you seek a protective order, you can still seek a protective order from a magistrate’s office. Generally, the court may issue a protective order if the court finds that "(i) a warrant for a violation of 18.2-57.2has been issued and there is probable danger of further acts of family abuseagainst a family or household member by the respondent or (ii) reasonable grounds exist to believe that the respondent has committed family abuse and there is probable danger of a further such offense against a family orhousehold member by the respondent."
Family abuse means “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury” that is committed by your husband. Therefore, you do not have to wait until you are actually injured to seek a protective order. If you can show that your husband’s actions involving violence, force, or threat caused you to reasonably believe you would be physically injured, sexually assaulted, or killed, you can seek a protective order.
Generally, an emergency protective order lasts until 11:59 p.m. on the third day following its issuance.
Preliminary Protective Order
A preliminary protective order may be requested from a juvenile and domestic relations district court. A preliminary protective order may be issued upon a showing that you are, or have been, within a reasonable period of time, subjected to family abuse, as defined above. Generally, a preliminary protective order lasts for up to 15 days. A hearing will be set within 15 days of issuance of the preliminary protective order to determine whether a permanent protective order is necessary. To request a preliminary protective order against your spouse, you should go to the juvenile and domestic relations district court and fill out the appropriate forms.
Permanent Protective Order
The determination of whether a permanent protective order shall be issued is made at the hearing set by the court within 15 days of issuance of the preliminary protective order. The permanent protective order can last for up to 2 years. At the end of the initial term of the protective order, you can petition for a renewal of the order.
http://www.courts.state.va.us/forms/district/info_sheet_protective_order_stalking.pdf
By Kari Jackson, Associate at Hall & Hall, PLC
Emergency Protective Orders
An emergency protective order may be granted by a circuit court, general district court, juvenile and domestic relations district court, or magistrate. If the courts are closed on a day that you seek a protective order, you can still seek a protective order from a magistrate’s office. Generally, the court may issue a protective order if the court finds that "(i) a warrant for a violation of 18.2-57.2has been issued and there is probable danger of further acts of family abuseagainst a family or household member by the respondent or (ii) reasonable grounds exist to believe that the respondent has committed family abuse and there is probable danger of a further such offense against a family orhousehold member by the respondent."
Family abuse means “any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury” that is committed by your husband. Therefore, you do not have to wait until you are actually injured to seek a protective order. If you can show that your husband’s actions involving violence, force, or threat caused you to reasonably believe you would be physically injured, sexually assaulted, or killed, you can seek a protective order.
Generally, an emergency protective order lasts until 11:59 p.m. on the third day following its issuance.
Preliminary Protective Order
A preliminary protective order may be requested from a juvenile and domestic relations district court. A preliminary protective order may be issued upon a showing that you are, or have been, within a reasonable period of time, subjected to family abuse, as defined above. Generally, a preliminary protective order lasts for up to 15 days. A hearing will be set within 15 days of issuance of the preliminary protective order to determine whether a permanent protective order is necessary. To request a preliminary protective order against your spouse, you should go to the juvenile and domestic relations district court and fill out the appropriate forms.
Permanent Protective Order
The determination of whether a permanent protective order shall be issued is made at the hearing set by the court within 15 days of issuance of the preliminary protective order. The permanent protective order can last for up to 2 years. At the end of the initial term of the protective order, you can petition for a renewal of the order.
http://www.courts.state.va.us/forms/district/info_sheet_protective_order_stalking.pdf
By Kari Jackson, Associate at Hall & Hall, PLC
Thursday, May 7, 2015
Why do I need an expert to get my spouses' business valued for a divorce?
When faced with divorce, one component that you must think about is the division of marital assets. Virginia is an equitable distribution state, which means that the courts will divide and award assets between the parties in a way that is “equitable.” When determining what division of assets would be equitable in a given case, Virginia law requires the court to determine the legal title as between the parties, and the ownership and value of all property. A marital business interest held by either you or your spouse is considered an asset, and therefore, will be subject to valuation.
When divorcing parties are business owners, equitable distribution becomes much more complex. Unlike many other assets, the valuation of a business is complicated and requires the help of a financial expert/forensic accountant to get an accurate assessment of the business’ value. In addition to valuing the business, a forensic accountant can be helpful in determining the income of a spouse who is an owner and/or owner of the company.
Often, starting and running a business requires a significant commitment of marital and/or separate capital. The business may provide a significant source of income upon which you and your spouse have relied upon for years. In order to aid in the division of assets, an accurate valuation of the business and determination of income is an important part of the rights that you may seek to protect.
By Kari Jackson, Associate at Hall & Hall
Wednesday, May 6, 2015
Can my spouse get any money that I had before our marriage?
In a divorce proceeding, the determination of who gets what property is, in part, dictated by how the property is classified. Virginia law makes a distinction between separate property and marital property.
Generally speaking, all real and personal property acquired by either party prior to marriage is presumed to be separate property, and thus not subject to division between the parties. For example, if a party had $30,000.00 in a separate bank account on the date of marriage, and that $30,000.00 remained in that separate account throughout the marriage, that party would be entitled to receive the $30,000.00 in its entirety upon divorce.
However, this rule is not without its exceptions. Separate property can lose its separate quality if it is commingled with marital property, such that it becomes transmuted (is considered to have transformed) to marital property. If separate property is found to have been commingled to such an extent as it becomes transformed, it is deemed marital and subject to division by the parties.
BUT, there is still a way to try to get that separate property back. If the separate property can be traced out such that its separate quality can be demonstrated, the property may retain its separate quality. Providing proof of the tracing is important and the burdne is high; documents that detail transactions are a crucial part to seek having separate property “backed out.”
In addition to an experienced attorney helping with a tracing issue, it may be necessary to have the help of a forensic account as well.
- By Kari Jackson, Associate at Hall and Hall
Generally speaking, all real and personal property acquired by either party prior to marriage is presumed to be separate property, and thus not subject to division between the parties. For example, if a party had $30,000.00 in a separate bank account on the date of marriage, and that $30,000.00 remained in that separate account throughout the marriage, that party would be entitled to receive the $30,000.00 in its entirety upon divorce.
However, this rule is not without its exceptions. Separate property can lose its separate quality if it is commingled with marital property, such that it becomes transmuted (is considered to have transformed) to marital property. If separate property is found to have been commingled to such an extent as it becomes transformed, it is deemed marital and subject to division by the parties.
BUT, there is still a way to try to get that separate property back. If the separate property can be traced out such that its separate quality can be demonstrated, the property may retain its separate quality. Providing proof of the tracing is important and the burdne is high; documents that detail transactions are a crucial part to seek having separate property “backed out.”
In addition to an experienced attorney helping with a tracing issue, it may be necessary to have the help of a forensic account as well.
- By Kari Jackson, Associate at Hall and Hall
Monday, May 4, 2015
What should I do if I'm served with a complaint for divorce?
If you are served with a complaint for divorce, you should see an attorney. An attorney can help protect your rights, fight for your wishes, and help guide you through the divorce process. An attorney can help you file responsive pleadings, get the most out of your discovery requests, and strategize about the best approach for your individual needs.
In Virginia, you have a limited time from the date you are served with the complaint to file your responsive pleadings. Although you do not have to file a responsive pleading, i.e. an Answer or Counterclaim, to a complaint for divorce, it is often beneicial to do so in order to preserve your rights. Some of the scenarios in which you may need to file a responsive pleading are if: (1) there are minor children born of the marriage and their custody, visitation, or support is in dispute; (2) there are marital assets or debts that need to be divided; (3) you wish to ask for spousal support; and/or (4) your spouse has filed for divorce on a fault ground.
Additionally, if you believe that there will be a dispute over the division of assets, you may want to begin gathering financial documents once you receive the complaint for divorce. Keep these documents in a safe place that is accessible only by you. These financial documents will be useful in helping you and/or your attorney determine what marital assets exist. -- By Kari Jackson, Associate at Hall & Hall
In Virginia, you have a limited time from the date you are served with the complaint to file your responsive pleadings. Although you do not have to file a responsive pleading, i.e. an Answer or Counterclaim, to a complaint for divorce, it is often beneicial to do so in order to preserve your rights. Some of the scenarios in which you may need to file a responsive pleading are if: (1) there are minor children born of the marriage and their custody, visitation, or support is in dispute; (2) there are marital assets or debts that need to be divided; (3) you wish to ask for spousal support; and/or (4) your spouse has filed for divorce on a fault ground.
Additionally, if you believe that there will be a dispute over the division of assets, you may want to begin gathering financial documents once you receive the complaint for divorce. Keep these documents in a safe place that is accessible only by you. These financial documents will be useful in helping you and/or your attorney determine what marital assets exist. -- By Kari Jackson, Associate at Hall & Hall
Subscribe to:
Posts (Atom)