Year: 2019

ShounBach receives a Certificate of Excellence

ShounBach is pleased to announce that we have received a Certificate of Excellence from Legal Services of Northern Virginia for our participation in the Attorney of the Day Program. Our attorneys volunteer their time to assist victims of domestic violence obtain protective orders thru the court system and help them get a fresh start.

Legal Services of Northern Virginia helps thousands of low-income clients with civil legal matters each year. They provide legal advice and representation as well as helping to bring legal education to community agencies, task forces and coordinated response teams to find innovative solutions to broader problems.

We are proud to work with Legal Services of Northern Virginia not only with the Attorney of the Day Program, but also as a continued supporter of their Jazz for Justice event held in November.  This year’s event is on November 8th at the GMU Center for the Arts Concert Hall in Fairfax.

To learn more about Legal Services or their Jazz for Justice program visit their website at lsnv.org.

 

 

How Can I Complete my Divorce?

For many, the word “divorce” conjures images of contentious courtroom battles and complicated, drawn-out legal fights that leave both parties financially broke and emotionally broken.

Your divorce does not have to fit this image. There are actually a few different paths you can take to finalizing your divorce, and a few of them occur outside the courtroom and rely on cooperation, rather than conflict. Your divorce lawyer can explain these paths through the divorce process to you in greater detail and help you determine which is the most productive choice for ending your marriage.

Mediation

Mediation is the process through which a divorcing couple works with a neutral third party to reach an appropriate divorce settlement. During their meetings with the mediator, the couple walks through the issues they need to determine for their divorce settlement, like how their marital property and debts are to be divided and their parenting plan, through a series of guided discussions. Mediation is associated with reduced conflict levels, and couples who divorce through mediation typically report higher levels of satisfaction with their divorce settlements and their relationships with their former partners than couples who divorce through litigation. Additionally, mediation typically costs less than a courtroom divorce.

Collaborative Divorce

Collaborative divorce, like mediation, is associated with lower costs and higher levels of satisfaction with the divorce process among couples. And like mediation, Collaborative divorce settlements occur outside the courtroom.

The difference between mediation and a Collaborative divorce is that with a Collaborative divorce, there is no mediator. Rather, the couple and their respective lawyers arrange a series of meetings, during which the couple works together to reach an appropriate divorce settlement. Their lawyers provide legal advice and contact with professionals who can help the couple, such as financial professionals and child custody coaches. Collaborative divorce is ideal for couples who have clear, realistic divorce goals and can work together amicably.

Litigation

Sometimes, litigation is the right choice for completing a divorce. If you tried mediation or collaboration and could not successfully reach an appropriate agreement, or if personal circumstances in your marriage rendered these options unavailable for you, the courtroom might be your only choice. Do not feel like this is a personal failure or that you are “settling” for this kind of divorce – when you cannot trust your spouse to cooperate or disclose financial information, when you are afraid of the actions he or she might take to retaliate against you, and when you need the structure and external control the court provides, a traditional courtroom divorce is the right choice for you. 

Work with an Experienced Fairfax Divorce Lawyer

When you know your marriage is over, you have a few options for completing the divorce process. Learn more about all of these options and determine which is the most productive course of action for your divorce by discussing them with an experienced divorce lawyer. Contact ShounBach today to schedule your initial legal consultation with a member of our team.

What is Considered Separate Property in a Divorce?

In a Virginia divorce, assets will be classified as marital or separate before they are divided. Valuation of assets, including the marital residence, investment properties, bank accounts, business interests, as well as any jewelry, furniture, artworks, vehicles, or other personal property owned by both or either spouse is required for “equitable distribution” by the court. Virginia is not a community property state: the court makes an equitable distribution of property, which is not necessarily an equal division.

courtroom filled with people sitting in front of a judge

Marital Property vs. Separate Property

Property acquired before the marriage or after the date of last separation, property acquired in an inheritance or gift by a third party, or property acquired with proceeds from the sale of separate property is separate property.  Marital property is that which is not separate:  property acquired during the marriage; property that is partly separate and partly marital in nature; or where title is held by both parties.  Depending on the circumstances, property may lose its separate character, or become partly marital, when it is re-titled jointly or is commingled with marital property.

Ownership of Business Interests

Business ownership is not always considered separate property by divorce courts in Virginia. Even if the business was founded before the marriage, it may be partly marital property.  The classification will depend on the spouses’ efforts in the business before and during the marriage, and any change in value in the business during the marriage.

Rules of Equitable Distribution

Virginia’s divorce laws provide for an “equitable distribution” of property between spouses at time of that a marriage is terminated. The court will consider the monetary and non-monetary contributions each party has made during the marriage. A Virginia court will consider the following when dividing marital property between divorcing spouses:

  • Contributions, monetary and non-monetary, of each party to the well-being of the family;
  • Contributions, monetary and non-monetary, of each party in the acquisition and care and maintenance of the marital property;
  • Length of marriage;
  • Age and physical and mental health of each spouse;
  • The factors and circumstances which led to the breakdown of the marriage;
  • How and when property was acquired;
  • Debts and liabilities of each spouse;
  • The liquid and non-liquid character of the property;
  • Tax consequences to either party;
  • Waste or dissipation of assets;
  • Other factors that the court believes appropriate to consider to reach a fair and equitable result.

In most Virginia divorce matters, future income and assets are generally not included in the equitable distribution of property at time of divorce. Pension and retirement fund investments are an exception to this rule. These assets are divided, taking into account the portion that was accumulated or earned during the marriage.  Divorcing parties can enter into a private agreement or “separation agreement”, allowing for division of property, which will be approved by the court in an uncontested case. An attorney at law can assist in drafting a separation agreement for division of complex financial issues, protecting both parties in the process.

Equitable Distribution Procedure

Virginia courts follow specific procedures for the division of marital assets in a divorce proceeding.

Current “fair market value” (FMV) at the time of the final hearing is the benchmark used by Virginia courts in valuation of marital and separate assets. The tools used in valuation of assets include real estate appraisals, NADA values for cars, industry financial reporting of stocks, bonds, mutual funds and other investment products, and the expert opinion of business valuators for the value of business interests. Virginia courts have the ability to take into account dissipation or waste of marital assets, and may result in the innocent spouse receiving a larger share of the remaining property.

Division of Marital Debts

Marital and separate debts are also divided by Virginia divorce courts. Assignment of debt to both or one party is based on the actual debt and reason it was incurred as well as the property used as collateral in relation to each party. Court ordered payment of debts incurred prior to marital separation does not guarantee protection from creditors after divorce. 

Contact a Divorce Lawyer in Northern Virginia

If you are seeking answers to “what is considered separate property in a divorce?” contact a licensed attorney at law for consultation and representation in a legal separation or divorce case.  Spouses requiring representation from an Arlington, VA divorce law attorney, can contact the Law Offices of ShounBach for expert advice about distribution of marital and separate property assets. Our attorneys are skilled at consultation of divorcing parties and can assist in the drafting of a legal separation agreement. If you have questions about the divorce process and division of property assets, call 703-222-3333 or fill-in the online contact form.

ShounBach is pleased to announce that Hayden Lee has become a Partner at the firm.

Hayden-O.-LeeShounBach is pleased to announce that Hayden Lee has become a Partner at the firm. Hayden has been with the firm for almost 7 years and has continued to dedicate himself to not only the firm but the clients that he represents.

Hayden has been admitted to practice law in Virginia since 2007.  He began his career as a judicial clerk for the Honorable Humes J. Franklin, Jr. and Thomas H. Wood of the 25th Judicial Circuit of Virginia from 2007 to 2008, and has been engaged in private practice since 2008.  Hayden has handled cases throughout the Commonwealth, but currently focuses his practice on family law matters in Northern Virginia and the District of Columbia.  He is a graduate of the University of Virginia and Suffolk University Law School.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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