There is no denying that divorce is a painful process. It is only natural and acceptable to want this process to be over as soon as possible; most people do. However, it is also crucial to take a step back and explore your legal rights and options. Sometimes, spouses become so hopeless or apathetic that they are willing to do almost anything, including agree to an unreasonable divorce settlement, just so they can move on with their life more quickly. It is only logical that expediting the divorce process may provide some immediate relief in your situation. However, impulsive decisions can wreak havoc on your life, especially your finances and parenting situation, for years after your divorce is final. When you hire a compassionate Suffolk divorce attorney, you can expect that you will be met with understanding and equipped with the knowledge to make the best short and long term decisions.
One of the most bitterly contested issues in a divorce is who gets what in the divorce. In Virginia, the law divides the property into two main categories; separate property and marital property. Your Suffolk divorce lawyer can help you categorize your property. Separate property is anything that one spouse had before the legal marriage, after the date of separation, or anything that was received during the marriage as a gift or an inheritance. Marital property includes anything that was obtained by either spouse after the marriage.
Spouses are entitled to keep their separate property in divorce while the law states that marital property is subject to equitable distribution. This means the property division should be done fairly but not necessarily equally. Property and assets that will need to be divided include:
Typically, a couple has more control over the outcome of their assets when they can reach an agreement instead of a judge. This may take some time and negotiation or even several meetings with a professional mediator.
Alimony is determined on an individual basis. Every family situation is different, including jobs and finances. Also known as spousal support, alimony is frequently part of a divorce when one spouse makes more than the other and will need financial support. Sometimes it is a permanent order, and sometimes it is only temporary. If your spouse stayed home raising children instead of working, never went to college or obtained vocational training, or makes markedly less than you do, you can expect to pay spousal support on at least a temporary basis. Alimony is not gender-specific and can be ordered no matter which spouse needs it. A Suffolk divorce lawyer can help you determine if spousal support payments will be necessary during your separation or after your divorce.
If you are considering divorce or have decided to file for divorce, it is time to schedule a consultation with a skilled Suffolk divorce attorney at Mahoney & Richmond, PLLC. You probably have many questions and concerns. It is no doubt a stressful and overwhelming time. Our staff is compassionate and understanding of your needs throughout the entire divorce process. Contact us today to receive your divorce consultation.