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Fairfax Virginia Family Law Blog

Many things about divorce can impact retirement

It is a worry many have: Will I have enough to retire? A recent study indicates that many Americans may be in a precarious position when it comes to their future retirement. According to this research, in 2016, about 50 percent of working-age American households were at risk of not having enough to maintain their present standard of living when they retire.

It appears this risk is particularly high among divorced individuals. Specifically, the study found that divorce raises retirement risk by around seven points.

Trends in Virginia's divorce rate

How does Virginia's divorce rate compare to the rest of the country? Centers for Disease Control and Prevention data points to Virginia's rate being above the national average.

According to this data, in 2016, the state saw 3.4 divorces for every 1,000 residents. The U.S. divorce rate, meanwhile, was 3.2. As a note, the national rate was based off of data coming from a vast majority (but not all) of the states.

What is separate property in Virginia divorces?

Many things impact what will happen with a given asset in a divorce. One of the bigger factors is whether the property in question is separate or marital. Marital property generally is eligible for division in a divorce, while separate property typically isn’t. Today, we will go over the basics of separate property in Virginia.

Divorce: Think of the grandparents

A divorce is between two people, right? You might be forgetting a few others: children, friends and grandparents. Close relatives are often overlooked as an important consideration in deciding on divorce issues, including child custody.

The child's interest is always priority No. 1 in child custody battles. It could be that the child spends a lot of time with their gran or pop. The grandparent should therefore be acknowledged during the divorce process.

How long does child support last in Virginia?

Child support payments can have major impacts for parents. So, whether a parent is receiving or making such payments, he or she may wonder how long such payments are to continue. We will now go over when child support obligations generally end here in Virginia.

Child support is mainly for minors. So, a parent can typically ask that a child support obligation be terminated once a child is no longer a minor. Here in Virginia, that is at age 18.

Divorce and preserving goals for helping children with college

One thing that may matter greatly for you as a parent is making sure your child will one day be able to get a high-quality college education. Given this, you may have been planning for quite some time on how to best financially support your child's college dreams. However, now something has happened that has left you wondering about the future of these plans: You are getting divorced.

Divorces can have major impacts on a parent's overall plans for helping his or her children with future college expenses. Reasons for this include:

Virginia makes child custody law change

When parents’ divorce, what child custody arrangement is ultimately put in place is very impactful. One type of custody arrangement is joint custody. This is when divorced parents share custody of their children. This is an alternative to sole custody, in which custody is granted to just one parent. Virginia recently passed a law that some hope will increase how often joint custody is used in the state.

The new law was signed by the governor last month and will go into effect at the start of July. It makes a change to the state’s child custody laws. Specifically, it makes it so that in child custody cases, courts have to consider both joint custody and sole custody. Not giving any consideration to joint custody is not an option under this new law.

Thoughts on the best time to file for divorce

The choice to end a marriage can be a life-changing decision that, like getting married, can have critical legal and personal implications. Because of this, choosing to divorce should not be taken lightly. While there are several instances where a divorce should not be initiated (i.e. before a family gathering, during a holiday) few people discuss the ideal times to start one.

This post will identify a few things to consider before filing for divorce.

More married Millennials keeping separate bank accounts

If last weekend's royal wedding taught us anything, it is that the norms and traditions surrounding wedding ceremonies and marriage are changing. Indeed many British traditions were augmented given that an American divorcee was marrying into British royalty, but it also exemplified the changing ideals that Millennials have about marriage and traditional roles.   

According to a recent article in The Atlantic, more Millennials who are marrying or are in long-term, committed relationships insist on having separate bank accounts instead of having one joint bank account to pool their income.

Electronic security after a divorce

When going their separate ways during a divorce or after the breakup of a long-term relationship, most parties will take tangible items such as clothes, furniture and vehicles. These possessions usually come with a sense of power and emotional well-being that help them end one chapter of their lives and begin a new one. However, they may not consider how important untangling their electronic relationship may be as they divorce.

Most people only consider how their electronic profile looks to other people. Indeed, they will change their relationship status on Facebook from "married" or "in a relationship" to "single," and they may "unfriend" many of the people who are friends with their soon-to-be ex-spouse, but they may not consider how they may still be tracked online or through their electronic devices.

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