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July 2016 Archives

How the primary caretaker standard affects custody rulings

When divorcing parents in Virginia cannot reach a child custody agreement privately, a family court judge will make a custody decision after looking at a number of different factors. One of the key factors that a judge considers when making a custody ruling is the 'primary caretaker" standard.

Divorce mortgages could become real

Virginia couples might not realize that gray divorces are on the rise. While the overall divorce rate decreases or at least gains stability, older couples are the one group for which it increases. According to researchers from Bowling Green State University, twice as many people aged 50 and older were divorcing in 2014 compared to 1990.

Understanding a divorce settlement and sticking to it

No matter if a divorce is amicable or contested, and whether a Virginia couple has children or shared real estate, the final result of the divorce process will be the settlement. This legal agreement protects the rights of both parties and lays out all aspects of the divorce, from property division to alimony and visitation plans. Typically, attorneys draft the settlement, and either or both parties may propose modifications. Once the agreement is deemed acceptable, it is signed by both parties and the judge.

How social media can have an impact on divorce

Some Virginia residents use their social media accounts to make short posts or share pictures of their family and friends throughout the day. Some individuals use their social media accounts to make short posts or share pictures of their family and friends throughout the day. Others, however, use it to vent their frustrations. If an individual uses social media while going through a divorce, the posts they share online can be used against them in court.

4 divorce options to consider

When a couple in Virginia decides to end their marriage, there are many factors to consider. Examples include property division, child custody and financial settlements. All of these factors, however, can lead to a very complicated, drawn-out process if couples are not aware of the options they have for divorce proceedings.

Support not guaranteed under property settlement agreement

According to a ruling passed in a Virginia bankruptcy court, obligations that are not related to maintenance, alimony or support can be discharged in Chapter 13 bankruptcy. The decision was based on the judge contention that the plaintiff, the ex-wife, did not prove that there was an agreement for the indemnity provision in a property settlement to create an obligation. The court further stated that under Section 1328(a), the Bankruptcy Code Section 523 discharge exemption for domestic support obligation does not apply to a Chapter 13 discharge. Other factors that contributed to the judge's ruling included both the financial standing of the plaintiff and the defendant and the purpose of the obligation when the property settlement was agreed upon.

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