Archive for the ‘Divorce’ Category

Can my spouse refuse to get a divorce?

Monday, November 25th, 2013

Sometimes I have people come into the office and they tell me that they want a divorce, but their spouse refuses.  Sometimes it is because of religious beliefs and sometimes just because they like things the way they are.  Or sometimes it is because the other spouse doesn’t want to share any of the marital assets.  And sometimes it is because the other parent thinks that staying together until the children are out of the house will be better for the children.

Whatever the reason, this is one version of a contested divorce.

In the past, one spouse could refuse to get a divorce, but that is no longer the case.  If one spouse wants a divorce, it will happen…eventually.  But it won’t necessarily happen quickly or inexpensively.

I’ve often seen a divorce take over 4 years to be completed and include numerous court hearings and very large attorney bills.

If you want to get a divorce, and your spouse refuses, you really need to have an attorney.  This is not a case you can handle on your own.

If you have questions about this, or any other legal subject, please feel free to contact the office at 757-234-4650 to schedule a consultation with an attorney.

Should I take a Polygraph?

Wednesday, October 2nd, 2013

Sometimes, I have clients come in who are adamant that they are not guilty and they will state ” I’ll take a polygraph that will prove I’m innocent! ”

A polygraph is a nice name for a lie detector test, and most people think they can ‘beat the test’ even if they are guilty. And sometimes, they really aren’t guilty of this particular accusation so they think they’re safe in taking the test.

The problem is that a polygraph has been proved to be ‘inherently unreliable’ and cannot be used in court.  It doesn’t really prove anything.

That part is fine.  What isn’t fine is that any statements you make during the interviews before or after taking the polygraph CAN be admitted into court.

Most of the time, the person taking the polygraph isn’t in custody, they came into the office to take the polygraph on their own and they are free to leave at any time, so the authorities don’t really need to issue any Miranda warnings, and they can ‘chat’ about anything.

Also, people use lie detector tests in cases other than criminal.  For example, sometimes people will be accused of adultery in a divorce case and they will agree to a polygraph to ‘prove’ they didn’t have an affair with someone.

My advice?  If you are ever in a position where you think you might want to take a polygraph to prove you’re innocent, just say no…..or at least contact an attorney and have the attorney with you when you go to take the test.  The attorney may be able to stop you from answering an ‘innocent’ question that might end up getting you into real trouble.

If you have questions about this or any other legal topic, please feel free to contact us at 757-234-4650 or visit our website at www.BeaversLaw.com.

Estate Planning for the Blended Family

Friday, July 19th, 2013

It used to be that people would use a ‘family tree’ to describe their familial relationships.  Today, it is more like a ‘family bush’.

Children are born without the benefit of the parents being married, people are married-divorced-remarried and the traditional family that is the basis of most state’s default estate distribution statutes just doesn’t handle these situations appropriately.

Who should inherit when a person dies?  Is it the children of that person?  The current spouse?  What about the children of the spouse that the step-parent raised for most of their life?

What would happen to your estate if your spouse remarries and has other children after your death?  Or possibly your spouse gets remarried and then divorced?  Would the estate that you worked so hard to establish become the property of your spouse’s new ex?

These are confusing questions, but they are not unsolvable.  In order to handle these cases appropriately, you should have the benefit of an estate plan developed by a legal professional that knows how to make sure that your wishes are followed.

We are having a free, public, informational seminar on Saturday, August 17, 2013 in the meeting room of the Tabb Library located at 100 Long Green Blvd. in Yorktown (across from the YMCA).  The Seminar is scheduled from 10:30 to 11:30 and we will be discussing these issues and how they might be addressed.

Please join us for this informational seminar.

If you are unable to attend this particular seminar, check out our seminar page to see if there is another seminar or time that fits better with your schedule.

If you have questions about this or any other legal topic, please feel free to contact us at 757-234-4650 or visit our website at www.BeaversLaw.com.

What is a ‘no fault’ divorce?

Sunday, January 6th, 2013

People sometimes get the terms ‘uncontested’ and ‘no fault’ confused when they talk about divorce.

An uncontested divorce is one in which the parties agree to all of the issues.  I wrote a blog post that goes into more detail here.

A ‘no fault’ divorce is one in which there are no other legal grounds for divorce.  In Virginia, this means that there has been no adultery, or cruelty (or those grounds cannot be proved).

This doesn’t mean that both spouses are angels and that the husband or wife has never done anything that has made the other spouse unhappy or angry or feeling that they could not stay married.  It just means that there are no sufficient and provable legal grounds for the divorce.

In other states it might be called ‘irreconcilable differences’.  I had one client tell me that there were irreconcilable differences in their marriage because he wanted a divorce and his wife didn’t.

In Virginia, you can file for a no fault divorce if you have been separated for a period of one year.  If there are no minor children and there is a written and signed separation agreement, this time frame can be reduced to six months.

The spouses can (and often do) still argue over the division of property, the division of debts, the payment of spousal support, issues regarding the children (custody, visitation and support) so a ‘no fault’ divorce is often not a simple matter at all.  Some no fault divorce cases can go on for years while the spouses fight over different issues.  As you can see, this is very different from an uncontested divorce!

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.

What Is An ‘Uncontested Divorce’?

Wednesday, December 26th, 2012

I often have potential clients come into my office saying that they want an ‘uncontested divorce’, that quickly evolves into a ‘contested divorce’ instead.  Most of the time that is because the client really doesn’t understand what is meant by an ‘uncontested divorce’.

It is more than just an agreement that the marriage should be ended.

At least one of the Circuit Courts in this area has detailed exactly what they consider to be an ‘Uncontested Divorce’:

(a) All of the issues regarding the division of property have been agreed to by the parties; and

(b) The grounds are separation for the statutory period (no-fault); and

(c) Child support, spousal support, custody, and/or visitation are not requested; or if they are requested; there is a written and signed agreement between the spouses.

Of course, there is often no signed agreement when you first come to the attorney’s office for a consultation, but in order to have a true uncontested divorce, you need to have full agreement between the husband and wife about the important aspects of the property division and matters concerning the children.

I suggest that the husband and wife should write down what they understand to be in the agreement, so both parties have a copy of what is going to be put in the final agreement drafted by the attorney.  Once the details are given to the attorney, he or she can put those details into the proper form.

If any of the above are not true, then you probably do not have an uncontested divorce.  This does not necessarily mean that the divorce has to be contentious or that we can not quickly get to an agreement, but it will take at least a minimum of time and effort.

Usually, if the other spouse has retained an attorney for anything other than to just prepare or review some paperwork, the divorce is considered contested.

If you have any questions about this or any other legal subject, please feel free to give us a call at 757-234-4650 or visit our website at http://www.BeaversLaw.com.