Dannenbaum Law Firm, PLLC

April 2019 Archives

How to juggle work and divorce priorities

It's important for any soon-to-be ex-spouse in Virginia to not let the divorce affect their professional life. This means not talking about the divorce unless it is strictly necessary. The only work colleagues who may need to know are business partners, HR professionals and any secretaries who handle scheduling.

Child custody evaluations

When a couple with children separate or seek divorce, there are a number of ways to determine how custody of the children will be decided. Custody means three things: (i) legal custody or decision making; (ii) physical custody or a schedule of when the children will be with either parents; and (iii) all other aspects of raising the children (such as, religion, education, medical, mental health issues). So, how do you deal with these issues if you and the other parent cannot agree?

Protective orders

One way to obtain a protective order against a family member (see prior blog on the definition of a family member) is to go to the Juvenile and Domestic Relations Court in take office. There, you will meet with an intake officer or counselor who will help you complete the necessary paperwork to obtain a protective order.

Millennials and prenups

When couples in Virginia get married, divorce is typically the last thing on their minds. However, even once-solid relationships have been known to end in divorce. When this happens, both spouses will have to negotiate financial issues, such as dividing joint assets and debts. A spouse may also be responsible for paying alimony or child support to the other.

Avoid future problems when drafting your prenuptial agreement

When a Virginia couple is preparing to walk down the aisle, it is a time of great excitement and a lot of preparation. As a recently engaged person, it can be tempting to only think about planning for the day of the wedding, but you would be wise to think beyond that. Have you given thought to what could happen if your marriage ends in divorce one day?

Social Security And Divorce

If you are married for 10 years or longer, the lower-earning spouse is entitled to social security benefits on the higher earning spouse's record. These benefits do not impact or lower the higher earning spouse's social security payments. Therefore, it is critical to determine the length of the marriage if you are approaching 10 years. Waiting 10 years before getting divorced will guarantee increased retirement benefits for the lower-earning spouse without reducing the higher earning spouse's benefits.

Tax Deductibility Of Attorney's Fees

When you prepare your tax returns, ask your tax preparer whether you can deduct the legal fees you paid during the tax year to obtain support or a divorce. In most cases, you cannot deduce legal fees. However, under the Internal Revenue Service rules (I.R.C. Section 212)

Hiring Expert Witnesses in Divorce Cases

Early in the case, you and your lawyer should identify the types of experts you may need to testify in your case or to provide assistance in preparing the case for trial. Experts can be used in settlement negotiations and mediation and can even attend such sessions to promote out of court settlements. 

Inability to recover from disputes contributes to many divorces

Married couples in Virginia generally recognize that they need to make ongoing efforts to nurture their relationships. Emotional inertia and exhaustion, however, can undermine people's desire to work on their marriages. Divorces sometimes result, and an inability to recover from arguments tops the list of reasons for marriages to end.

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