Divorce Over Age 50

Divorce over age 50 is relatively common. According to the Census Bureau, over 15% of adults over 50 are divorced and another 2% are separated from their spouses. Divorce can often be an inevitable result with children gone, ample financial resources available to live separately, and the impact of years of emotional distance. 50 is […]

Seniors, Divorce & Social Security

If you are divorced, you might still qualify for Social Security benefits on your ex-spouse’s work record. First, let’s assume that your ex-spouse is still living. You generally can receive benefits based on your ex-spouse’s work record if your marriage lasted 10 years or longer, you are currently unmarried, and you are at least 62 […]

Manner of division of a family businesses in divorce

According to 2012 Census data there are over two million businesses nationwide that are jointly owned between spouses. Some are jointly operated by both husband and wife while some are operated primarily by one spouse but are nonetheless owned by both. What happens if the couple divorces? Whether determined amicably or not, there are several […]

Civility at Child Custody Exchanges

Tensions may run high when divorced or separated parents exchange their child for visitation. They should do their best to avoid heated confrontation, especially threatening or violent behavior. In one recent Virginia case, a man was initially convicted of abducting the mother of his child by allegedly trapping her in his car during an argument […]

Bankruptcy and Divorce

Spousal and child support debts are not subject to discharge (forgiven) in bankruptcy. However, other debts owed from the bankrupt spouse to the other may be discharged. Consider a Virginia case where the Husband in chapter 13 bankruptcy still owned the Wife child support arrearages, but not a substantial lump sum payment on a home […]

Keeping Stock in Divorce

Like other assets, stock investments are presumed marital property if acquired during the marriage. It is up to a party to show that stock which claimed “separate” is actually his or her separate property. This might be accomplished by Atracing@ the stock back to the party=s own separate funds.

Equitable Distribution of Marital Business

The splitting of a marital business can be a major issue in divorce. Virginia courts will not necessarily find the parties equally entitled to it. Instead, it will consider a variety of factors presented by the divorcing parties. These factors might include the negative and positive contributions to the business and family during the marriage, […]

Intentional Infliction of Emotional Distress

Offensive behavior toward you may leave you embarrassed, shaken or fearful enough to feel you have been emotionally injured. Occasionally, the behavior and resulting emotional damage may be severe enough that is constitutes a successful legal claim for “intentional infliction of emotional distress.” However, absent a physical injury to accompany the emotional one, it is […]

What is a QDRO?

A QDRO , or a “qualified domestic relations order,” is a court order that allows for the division of a retirement asset such as a 401(k) or a pension. You and your spouse may decide how to split up your retirement assets in a written property agreement, but, depending on the type of retirement asset […]

DIY Online Divorce

Spouse seeking an amicable, uncontested divorce sometimes turn to using online resources to attempt to generate court documents. However, without the assistance of attorneys, such individuals often costing themselves more in the long run, financially and emotionally than if they had just retained an attorney at the outset. Simply put, individuals without the requisite leagl […]

Fighting for Access to a Child in Divorce

Sometimes in a divorce, one party will seek sole custody and impose severe limitations on the other parent’s rights to see or contact the child. Attempted justifications for doing so may include allegations of child abuse, drug abuse or other seriously harmful situation for the child. Success on either side of the dispute may hinge […]

Parental Rights Vs. Custody

When two parents litigate as to who should have custody and visitation of the children, the court will render a decision based on its determination of what is in the “best interest of the child.” For example, a court recently gave the mother full physical custody of a child and denied the father immediate visitation […]

“Separate Maintenance”

Sometimes, a spouse may find her or himself in need of court-ordered support from the other spouse when no divorce action is underway. Such a suit must be filed in a court with appropriate jurisdiction and certain legal procedures must be followed. Speaking to skilled attorney is a necessary first step.

Gathering Evidence for your Divorce Case

In the initial stages of a divorce action, the parties and their lawyers must determine the identity, value and location of marital property. Much of this can be determined based on deeds, balance statements and other documentation in the possession of one party or the other. One party may also possess documentation pertinent to “fault […]

How is Real Estate Classified in Divorce?

Generally speaking, if real property is purchased during the marriage with marital funds, the property is marital. If the property was purchased by one party before the marriage without contribution of later marital property, the property is separate. The property can become hybrid (that is, part separate and part marital) if, for example, some portion […]

Post Separation Agreements and Bankruptcy

The declaration of bankruptcy does not automatically excuse the bankrupt party from paying what is owed to the other spouse. Generally, debts to a spouse, former spouse, or child of the debtor, that are incurred in the course of a divorce or separation or in connection with a separation agreement or court order, are non-dischargable. […]

What are Marital Funds?

With some exceptions, money acquired by either husband or wife during a marriage and before separation are marital funds; for example employment income.

Hypothetical Ashburn Family Divorce Situation

Hypothetical Ashburn Family Divorce Situation Al and Maggie Luminum live in Ashburn, Virginia. They bought their first home there to start a family. They now have three minor children. Their love for the children kept their marriage alive longer than it would have lasted without them. Eventually, Al and Maggie no longer wanted to be […]

How Spousal Support Would Apply in the Hypothetical Divorce Case

How Spousal Support Would Apply in the Hypothetical Divorce Case The hypothetical Ashburn divorce case describes a situation representing the classic basis for spousal support. This occurs when the parties marry after college and start a family right away. At the beginning of the marriage, the wife’s contributions focus on raising kids and managing the […]

Do you Provide Representation to Divorce Clients in Lansdowne?

The Law Office of William R.F. Conners, P.C. has a long history of successfully representing clients in Loudon County divorce cases. Located in Leesburg, our firm offers legal services to Lansdowne residents. We represent clients in complex divorce cases, including those with business holdings, extensive property and executive level careers. If you live in Lansdowne […]

How is spousal support determined?

Spousal support may be awarded in varying circumstances to assist a financially dependent party. Issues involved in determining spousal support depend on key factors such as: (a) gross incomes of the parties, (b) need and ability to pay, (c) length of a marriage, (d) standard of living during the marriage, (e) the roles of the […]

How is child support determined?

See Child Support FAQs below.

How is child custody and visitation determined?

See Child Custody and Visitation FAQs below.

How is property in divorce divided?

See our Property In Divorce FAQs below.

What is the first step to take when facing the prospect of a divorce issue?

The complexity and high stakes nature of divorce and other family law matters require skilled legal representation. The multitude of issues involved extend far beyond the FAQs herein. An initial consultation is the absolute minimum step that a party should take to learn what their rights are and how to protect them. Contact the Law Office […]

How are fees for legal services assessed?

In divorce and Family Law matters, the Law Office of William R.F. Conners, P.C., charges by the hour. A nominal fee is required for initial consultations. Visa/MasterCard accepted.

What happens at a final divorce hearing?

The court takes evidence on all the issues involved in the divorce such as the grounds for divorce, division of property and debts, child custody, visitation and support and spousal support, and the award of attorney’s fees. At such hearing, the court will determine whether a divorce can be granted as well as any fault […]

What does “pendente lite” mean”?

The term pendente lite describes an interim hearing (or hearings) that are held pending the final divorce hearing. At such hearings, the court is authorized to grant temporary relief on many issues including with regard to property, child custody and visitation and support and spousal support. Oftentimes, the court will also award injunctive relief pendente […]

My spouse refuses to voluntarily disclose financial information. What can I do?

In the course of litigation, the parties will engage in a process referred to as “discovery.” Discovery is an information gathering and disclosure process using various tools such as questions sent to a party that they must complete under oath, request for documents in the possession of another party, and depositions (wherein a party is […]

What is a “contested” divorce?

A contested divorce is one in which the parties cannot agree on all or some of the issues involved in a divorce such as the division of their debts, custody and visitation terms for any children, and any spousal and/or child support terms. In the absence of a marital settlement agreement, the parties in a […]

What is a “Property Settlement Agreement”?

A property settlement agreement (PSA) is just another term for a marital settlement agreement (a contract between the divorcing parties). The PSA can serve as a mutual, contractual settlement of issues relating to the divorce and can be enforced by the court. Of course, skillful legal representation is essential to successfully negotiating a PSA that […]

What is an “uncontested divorce”?

An uncontested divorce is one in which the parties agree in a settlement agreement (a contract between the divorcing parties) on the distribution of their assets, division of their debts, custody and visitation terms for any children, and any spousal and/or child support terms. Once an agreement in writing has been reached, then the parties […]

Can I expect for my divorce to resolve the same way as my friend’s divorce?

Most likely not. There are many similarities to divorce cases but they are one of the most fact intensive types of cases. Also, Family law in general (and divorces in particular) are subject to an exceedingly high level of discretion by different courts and judges. Lastly, the particular circumstances are unique.

What discretion do the court’s and/or judge’s have in Divorce cases?

The courts have tremendous discretion in determining the outcome of divorce matters an that discretion is applied in different ways by different judges in the same court. It is critical that your lawyer be well versed in the philosophy and approach of both the court and the various judges who may hear your case.

My spouse has presented me with a marital settlement agreement. Should I consult with an attorney even if everything looks fine to me?

It is critical that you consult with an attorney prior to signing anything having to do with separation and/or divorce. Any agreement presented to you should be reviewed by an attorney who can advise you of its impacts. Marital settlement agreements often include provisions that you may believe you understand but which have unrecognized unintended, […]

My issues appear to be simple, can’t I just represent myself?

Everyone has the right to represent themselves in a divorce (just as everyone is free to perform their own dentistry). However, no matter how “simple” the issues appear, it is what you do not know in Family Law that can really hurt your interests. Everyone facing divorce should consult with an experienced attorney and discuss […]

My spouse and I live in Loudoun County and have recently separated. What court would hear my divorce case?

The preferred venue for Loudoun County divorces is the Leesburg Circuit Court located at 18 East Market Street, Leesburg, Virginia.

Is there a no fault basis to permit the award of an absolute divorce?

Yes, Virginia permits a “no fault” divorce. Certain requirements must be met in order to receive a divorce on that basis. The parties must demonstrate that they have lived apart continuously and intentionally for a period of one year. If the parties do not have any minor children, and have entered into a property settlement […]

What are the required “grounds” for divorce awarded on fault?

There are many grounds that if present, in a marital relationship, may permit the granting of a divorce. Some grounds include: Willful desertion or abandonment, cruelty, adultery and other sexually related acts, or conviction of felony. However, there are “defenses” that may be raised by the offending spouse to the aforementioned grounds.

What are the types of divorce in Virginia?

There are two types of divorces in Virginia. The first is called “a mensa et thoro” (divorce from the bed and board). Such a divorce is a qualified divorce in that legal separation is provided but the parties may not remarry during the term of this qualified divorce. The second type of divorce is called […]

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