Divorce Archives - Page 3 of 3

Difficulties in Divorce: What is a Pendente Lite Hearing?

July 11, 2013 By Marc Leave a Comment

Country Home — Courtesy of pvdEric via flickr.com

Individuals going through divorce in Virginia will often ask themselves thousands of questions as they tread down the path of separation. One common concern that arises is, broadly speaking, TIME. Most people tense up when they hear how long it can take for a divorce to be finalized—once separation begins, a year or more is the norm.

“What do I do until then?” is an incredibly daunting thought. The “what-ifs” are bound to circle around in your head: what if my husband doesn’t provide any support; what if my wife keeps coming around my residence, or removes me from the health insurance policy . . . and so on.

Temporary Orders in Virginia Divorce Cases

While your circumstances will dictate what your best options are during a separation period (and because of that, it is important to speak with an attorney directly to determine your best course of action), it is helpful to know that you might be entitled to receive temporary relief from the Court.

Once a Divorce has been filed, you may ask for a hearing with the Court to enter a temporary order. This hearing is called a Pendente Lite hearing. This latin phrase means “pending the litigation” (per legaldictionary.com).

Thankfully, our Virginia legislature has kindly recognized that temporary relief is important. In Virginia Code Section 20-103, the legislature has given Judges the authority to make various rulings while the case is pending.

Common Pendente Lite Requests:

Temporary child and spousal support
Temporary custody of your minor children
Temporary use and possession of the marital residence
Order prohibiting the dissipation of marital assets
Order requiring a spouse to pay joint debts
Order requiring a spouse to provide health insurance coverage
Temporary award of attorney’s fees

The Court may also punish a party for contempt if they choose to disobey a Court Order while the case is pending. The purpose of this code section, and of the Pendente Lite hearing, is to provide a party with protection during what can often be a very lengthy divorce process.

If you have additional questions about Divorce, or Pendente Lite hearings, call BoykoNapier at (804) 658-3418, or contact us via email, and speak with an experienced Virginia Family Law Attorney today.

Discovery in Divorce: What Documents Do I Need?

June 6, 2013 By Marc Leave a Comment

Stack of Paper — Courtesy of jenni from the block via flickr.com

As you can imagine, one of the primary issues in a divorce is determining how to split up the assets and debts of the spouses. Given this fact, we are frequently asked by folks what sort of documentation they should gather before their consultation. While it usually is not necessary to have everything prepared before an initial consultation, we decided to create this post to give you a heads-up as to what documentation you are likely to need as the process unfolds.

Documentation Regarding Income:

Employment Income – usually your pay stubs will suffice,
Other Income Sources – recent statements or deposit documentation for other income sources such as trust/investment accounts, rental properties, retirement, disability, etc., is usually appropriate.
Most Recent Tax Return – sometimes earlier returns will become necessary as well.

Documentation Regarding Assets:

For these documents, it would be appropriate to gather recent statements, as well as the statement at the time you and your spouse separated (if applicable). Often times in divorce, the value of assets/debts at the time of separation is very important.

Bank Account Statements – for all joint accounts and any other accounts in your sole name.
Retirement Account Statements – for all joint and sole accounts, including IRA’s, 401(k)s, pensions, etc.
Tax Assessments – for any real estate or relevant personal property.
Mortgage Balance Statements – for all real estate in which h you have an interest
Automobile Lien Balance Statements – for all vehicles which you and/or your spouse own that is not paid off.
Investment Account Statements – i.e. stock accounts, trust accounts
Life Insurance – Policy statements, including any documentation regarding cash-out values (if applicable).
Business Tax Return – if you have any ownership interest in a business
Personal Property List – it is usually appropriate to compile a list of most of your valuables (usually found in the home) that are work $250.00 or more (i.e. television, leather couch, computer).

Documentation Regarding Debts:

For these documents, just as with assets, it would be appropriate to have recent statements as well as statements from the date of separation. In addition to your mortgage and vehicle lien balance statements mentioned above, it would be wise to gather:

Credit Card Statements – for all joint and individual accounts
Loan Statements – for any personal loans you may have (i.e. student loan) or loans secured against assets (i.e. loan against a 401(k)).
Documentation regarding monthly/common expenses – i.e. utilities, phone/internet, other recurring expenses.

Although there are a wide variety of additional documents that may be relevant depending on your unique circumstances, this should give you a basic understanding of what to expect. It would be wise, before you go and spend hours getting everything together, to speak with your lawyer about what documents are pertinent to your particular case.

If you have any additional questions, our attorneys would be more than happy to help. At BoykoNapier, our attorneys are experienced in all matters of family law. You can reach us via phone at (804) 658-3418, or you may contact us via email.

Deciding to Divorce in Virginia? Frequently Asked Questions!

May 22, 2013 By Marc Leave a Comment

back to back — Courtesy of exbinito via flickr.com

Choosing the path of divorce can be a very emotional one. In this post we will provide a brief overview of some common questions and concerns.

Is there such thing as a “legal separation”?

Unlike some other states, in Virginia there is nothing that can be filed with the court to certify that you and your spouse are “legally” separated. However, if you are separating, an attorney can advise you regarding what will constitute the “date of separation” and also what steps you can use to protect yourself during separation.
Usually, when you ultimately file for divorce, the date that you began living in separate households is considered the date of separation. There are many exceptions to this; it is possible to be separate in the same household. You should speak with an attorney if you have additional questions regarding legal separation.

How long do I have to be separated in Virginia before I can get Divorced?

It depends! Under certain fault-based grounds for divorce, you may be entitled to a divorce regardless of how long you and your spouse have been separated . . . however, most divorces are finalized based upon a statutory separation period. The general rule is that you and your spouse need to be living separate and apart, continuously, for one year.
Note, there is an exception to this: if you do NOT have minor children in common with your spouse AND you have a Property Settlement Agreement that has been signed by both parties, you can file for divorce after being separated for only six months.

What is a Property Settlement Agreement?

A property settlement agreement (a.k.a. “PSA”) is a document entered into between both spouses that explains how the parties are dividing assets, debts, spousal support, custody, visitation, and child support. It is, essentially, a divorce contract that spells out all the terms of the parties’ separation. The kicker is it has to be agreed upon by both spouses for it to have any legal effect.
Note: if a Juvenile and Domestic Relations Court is already handling the custody, visitation, and/or child support matter, those do not necessarily need to be included in the Property Settlement Agreement.
A property settlement agreement is a very valuable option for most spouses because it usually makes the divorce process easier—it is also cost-effective and a much less emotional process than going through a full, contested divorce hearing.

Are there different kinds of divorces in Virginia?

Yes! Although divorces are almost always unique, the method of filing and also of finalization is often the same. Generally speaking, there are two types of divorce.
- Uncontested (“No Fault”) Divorce: This is normally considered the easiest, fastest, and least-expensive divorce. There are no issues in dispute–both parties have agreed on the division of debts, assets, and liabilities and the parties are filing based upon a separation period. There are normally no court appearances required by the parties or their attorneys.
- Contested Divorce: In Virginia, most people consider a divorce to be “contested” if there are any issues in dispute (i.e. division of assets/debts, custody, visitation, support) or if a fault ground for divorce is being alleged (i.e. adultery, cruelty, desertion). Unless an agreement is reached between the parties, the divorce will be litigated in Court by presenting evidence to the Judge who will make a ruling on the disputed issues.
- Note, this certain jurisdictions have different procedures which an attorney can explain to you.

How Do I File for Divorce?

Divorces are filed in Circuit Court and are usually filed in the jurisdiction where the parties last resided. Although you are not required to have an attorney to file for divorce in Virginia, it is very wise to obtain one if you wish to file for divorce. There are many legal requirements that can make it extremely difficult and time-consuming if you elect to file on your own.

Additional Questions? Visit our website at boykonapier.com for additional information regarding family law and divorce and call today to schedule a consultation at (804) 658-3418, or contact us via email.

Have a Pending Civil or Criminal Case in Virginia? Check your Case Status Online

April 16, 2013 By Marc Leave a Comment

Computer Keyboard — Courtesy of ericnvntr via flickr.com

In Virginia, Courts across the Commonwealth have made it relatively easy to go online with your computer, tablet or smart phone and check the status of your pending criminal, civil, or divorce case. The amount of information provided depends on the type of case and the particular Court, but will usually include the Court dates, case numbers, filing dates, offense dates and arrest dates (if applicable). In some cases, the attorney’s names and the final disposition will also be posted online.

Follow these simple steps to find your online case information:

Go to the Virginia Court’s Website: www.courts.va.state.us.
On the left sidebar, click on the tab labeled “Case Status and Information”, which should bring you here.
Circuit Court (i.e. Divorce, or Felony Charge that has already been before the Grand Jury for certification or indictment):
- Click on “Case Information” under the heading for Circuit Court, which should bring you here.
- Use the drop-down menu to select the Court where your case is pending (i.e. Hanover, Richmond City).
- Once you have selected the right Court, click “Begin”.
- On the next page, beneath the words “Main Menu” you have the option to select “Criminal” or “Civil” – select the appropriate option.
- Then type in the name of the person you are searching for (unless you choose to search via case number) and click the search button.
- On the next page, if there are cases related to the name, you should see a list of cases. Once you find the case you are looking for, you can click on the case number on the left which should reveal the online information for that particular matter.
General District Court (i.e. most misdemeanor criminal and traffic charges):
- Click on “Case Information” under the heading for General District Court, which should bring you here.
- Read the Terms and Conditions of Use and type in the Numbers or Characters as requested in order to enter the database.
- Once inside, on the left sidebar, select the appropriate Court from the drop-down menu.
- After you have selected the right Court, click on the type of search you want to perform (i.e. Name search in a Traffic/Criminal matter).
- If you have selected the name search, the new page will prompt you to enter the name of the party.
- Once the name is entered, a list of relevant cases should appear.

There are a few caveats:

If your case is pending in Juvenile Court you will not be able to access any case information online.
If your case is pending in a Court that does not post information online (i.e. Henrico County Circuit Court and Chesterfield County Circuit Court do not provide online case information at the present time) you won’t be able to take advantage of this feature.
Do not rely solely on the online case information; due to the nature of this database, information may be incorrect or outdated. Accordingly, you should Contact the Court directly to verify important information.

Once you have reviewed the online case information, it might also be wise to go back to the Virginia Court’s Website and browse around for a while. Who knows, you might just stumble upon some useful information for your case!

For additional information, contact an experienced attorney at BoykoNapier, PLLC—call (804)658-3418 or contact us via email for assistance.

Difficulties in Divorce: The Tale of Two Households

March 3, 2013 By Marc Leave a Comment

Virginia Capital Building — Courtesy of JoeDuck via flickr.com

The price of separation can be one of the largest hurdles couples face during a divorce. Figuring out how to afford the operation costs of two different households is no easy task. Once the “marital residence” becomes a misnomer, husbands and wives are staring at the same income levels, but twice the bills. Two electric bills, two mortgages or rents, two homes to furnish, clean and repair, and sometimes, two daycare providers.

This is particularly difficult in a lot of situations because the spouses did not consider the cost of running two households. Given that most are overcome with emotion and anxiety during separation, it comes as no surprise that they haven’t first poured over their bank accounts to create a feasible budget for their “new” life. This financial neglect is common even in cases where the almighty dollar was in fact the root cause of marital discord.

So, in case you happen to be reading this and you are thinking about separation (i.e. leaving the marital residence), and your departure is not emergent (i.e. you are not subject to imminent harm), here are a few tips to consider before you decide to go:

Have a plan. Figure out where you are going. Perhaps the plan is renting an apartment in Richmond or Henrico. Fine. Or even retreating to your parents’ place, or a friend’s house in Chesterfield. Fine. Just have a plan. (Note: it would be advisable to ensure that your plan is not “temporary”, try not to find yourself in a position where you are saying something like this: “I’m going to Nancy’s and I’ll figure it out from there”).
Review your assets. Look primarily at “cash-on-hand” (how much money you have immediate access to) and your net monthly income.
Tally your expenses. What new expenses will you have (furniture, rent/mortgage, utilities)? What current expenses will you continue to incur (phone, insurance, car payment, mortgage)?
Compare your cash and net income to your expenses. How long will your finances last? If the numbers aren’t comforting, consider modifying your plan.
Talk to a family law attorney about your rights incident to separation. You may be entitled to request support from your spouse, among other things. They will also be able to advise you regarding the manner/method of your separation to help you protect your rights. Because separation is often hardest on children, discussing the situation with a family law attorney is particularly important if you have kids.

Call: 804-658-3418