Recent Divorce Posts

Co-parenting after divorce is challenging for families and can significantly impact children. According to the American Association of Marriage and Family Therapy, up to 25% of children from divorced families develop emotional and behavioral issues. This statistic underscores the profound effect divorce can have on young people. However, parents who commit to co-parenting can create a supportive environment by prioritizing their children’s health and well-being. Consistent Parenting Styles When both parents engage in co-parenting, it creates a consistent and unified approach to raising children. This fosters a sense of stability, allowing …

Divorce proceedings frequently necessitate important decisions about children’s futures, especially concerning their education. In Virginia, as in many states, questions often arise about a divorced parent’s obligation to contribute to college expenses and the management of 529 college savings accounts. This article explores the division of college savings accounts during divorce and offers insights for parents navigating the complexities of divorce while planning for their child’s education. Can a Divorced Parent Be Forced to Pay for College in Virginia? In Virginia, unlike in some other states, there is no statutory requirement for a par…

Adultery is defined as a married person engaging in sexual intercourse with someone who is not their spouse. Under Virginia Code § 20-91, adultery is a fault-based ground for divorce, and unlike other grounds, there is no waiting period before filing. Although proving adultery in a divorce in Virginia can be challenging, if established, it can significantly impact the financial aspects of the divorce, particularly concerning spousal support. Here at ShounBach, we have experienced divorce lawyers in Virginia to help you navigate your divorce. How to Prove Adultery in Virginia To qualify as a ground for divorce, the affair must be physical;…

If you are considering divorce, the idea of being a single mother can be terrifying, especially if you are a stay-at-home mom (SAHM). Your first thought might be to wonder how you will be able to provide for your children. If you are economically reliant on your partner, the thought of starting over with your children can leave you reeling. What will your financial situation look like? Will you be able to go back to work, and if so, how will you handle child care? Divorce can be both a burden and a relief for many families. As a stay-at-home parent seeking a divorce, you might feel trapped and unsure of your next steps. You do not have to …

Key Takeaways Residency Requirement: At least one spouse must have lived in Virginia for a minimum of six months before filing for divorce. Types of Divorce: Divorces are categorized as either uncontested or contested, with uncontested being quicker and simpler. Grounds for Divorce: Options include no-fault divorce based on separation or fault-based grounds like adultery, cruelty, or felony conviction, each with different waiting periods. Separation Periods: For uncontested divorces, a one-year separation is required if there are minor children involved, and six months if there aren’t. Contested Divorce Duration: More time-consuming due to…

Divorce can be emotionally draining, distracting, and devastating to your life. It makes it harder to focus on basic tasks or think clearly, especially regarding important things like work and even issues of estate planning. Many people do not consider how divorce affects a will, for example. Understanding the divorce process and implementing the essential changes you must make before your divorce is finalized can save you all manner of headaches and ensure that your assets are distributed exactly as you wish. The knowledgeable Virginia family law and divorce lawyers at ShounBach are here to help you with estate planning after a divorce. T…

With nearly 39 percent of marriages ending in divorce, chances are you know someone going through a divorce or has gone through one recently. Even if your friend is leaving an unhappy marriage, divorce is difficult to endure. If you have never experienced the end of a marriage, you may be at a loss regarding how to help with the pain and heartbreak your friend suffers. At ShounBach, we help our clients through the legal process of getting a divorce in Northern Virginia while lending a listening ear. Here are some tips you can apply to help a friend or loved one as they go through a divorce. If you or your friend needs a divorce lawyer, cal…

No matter the circumstances, a divorce can be complex. When there is a substantial amount of assets to be divided, negotiations can be precarious, and tensions can quickly escalate. Relationships that once were steadfast can be torn apart. Hiring a divorce lawyer can not only help alleviate some of the stress, but it can also smooth over the process and even help to manage expectations so that some semblance of respect the couple had for one another remains. Our team of skilled attorneys is ready to guide you through the process of dividing assets in your divorce. What Are the Divorce Proceedings in Virginia? Divorce proceedings in Virgini…

The divorce process in Virginia can be very hard on you and your entire family. Knowing who you can trust while dissolving your marriage can be difficult. However, rest assured that if you hire a Virginia divorce lawyer from ShounBach, they will have your best interests in mind from the moment you hire their legal team. Emotions run high during the dissolution process, and it can be easy to lose your cool. However, decisions you make while you are angry, disappointed, or upset may not be good ones and could have lasting effects. Therefore, staying calm, cool, and collected is the best way to make it through the divorce process. Your divorc…

The divorce process can be painful and devastating to your emotional well-being and can affect your time, money, and, most importantly, the relationship you have with your children. During a divorce, it is important to keep the needs of the children at the forefront. Going through the process of divorce can be anguishing and, even after the divorce is finalized, it can be a difficult time adjusting to your new situation for both you and your children. The divorce attorneys at ShounBach are ready to assist you with your divorce as you transition with your children into the next phase of your life. To learn more about how our divorce lawyers…

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…

A divorce is a life changing event, especially if you have children. You need to properly lay the groundwork before the process starts so it might go more smoothly and faster. Given how expensive it is to live in the Fairfax, Virginia, area, planning ahead financially is very important. Here are some suggestions on preparing for a divorce. Do you need a divorce? Decide if this is something you really want to do. Is there no hope for your relationship? Counseling may be worth a try. Once the divorce process starts it may be difficult, if not impossible, to try to get the relationship back on track. Talk to an attorney. Learn about your lega…

Divorce can be challenging under any circumstance. Divorce involving a spouse or child with special needs to consider can make it even more stressful. However, with careful planning families can limit future complications for a family member with special needs. Specifically, the biggest issue to consider is how spousal or child support for the individual with special needs may affect current or future receipt of governmental benefits, including Supplemental Security Income (SSI), Medicaid, or housing assistance. Parties must be mindful of how they can achieve a divorce settlement or final resolution that will not later disqualify the fami…

On January 17, 2017, legislation amending Alaska’s divorce law took effect, making it the first state in the country to require the court to consider the well-being of a pet when distributing property during the divorce process. While companion animals have historically been considered property – no different or better than a television or a car – this change reflects an understanding that pets occupy a unique role in our lives. In fact, Alaska’s new law allows a court to order joint ownership of pets after the divorce. Virginia law continues to treat pets as mere property, with little indication that change may be on the horizon. Below a…

The Professional Family Mediation Forum of Northern Virginia held its first Forum meeting on March 10, 2016. Stan Corey, author of “Divorce Dance,” spoke about how a financial specialist can assist in mediation. This group is comprised of local mediators, collaborative professionals and attorneys whose goal is to increase knowledge and communication regarding mediation throughout the community. The Forum’s second meeting will be held May 12, 2016, at the Reston Sheraton Hotel. There will be a networking reception from 6:30-7:15 p.m. with the program to follow from 7:15-8:30pm. The topic will be “Solving Ethical Dilemmas in Mediation”, pre…

ShounBach is pleased to announce that Sarah J. Knapp has been re-elected as secretary to the Prince William Bar for the third year. Ms. Knapp has been involved in the Prince William Bar since 2011. She has continued to remain active in the Association, volunteering for charity events and attending Association functions since she joined ShounBach in 2013. Her dedication to the Association has resulted in her being re-elected Secretary. The Prince William County Bar Association was established in 1941 and is a voluntary, professional, non-profit organization dedicated to providing services and benefits to its members and to the local commun…

Robert E. Shoun, one of Virginia’s most respected and influential family law attorneys, died of unknown causes on July 22, 2015. He was 75 years old. There was an unpretentious quality about Mr. Shoun that reflected his roots growing up on a small farm in southern Virginia. He excelled in academic and extracurricular pursuits as early as high school, when he was elected Mr. Future Business Leader of America for Virginia, and representing Virginia, finished second in the nation’s annual spelling competition. Mr. Shoun was a self-described “sports fanatic,” starting back in his days as a 10-year-old Little Leaguer and high school baseball a…

It was not long ago when victims of domestic violence in Virginia who had successfully obtained final protective orders were forced to face the scary reality of their protective orders expiring with no real recourse. Once a protective order expired, there was no way for a victim to extend it. A victim would have to wait for a new incident of abuse or violence to occur so that he or she could file a new petition for a protective order. This glaring gap in the law prompted serious safety concerns for victims who were left without protection even when legitimate fears persisted. In 2010, the Virginia State Legislature acknowledged this gap a…

Susan Butler co-wrote the amicus brief filed by the Virginia Chapter of the AAML (American Academy of Matrimonial Lawyers) in the Fourth Circuit case in support of lifting the Virginia ban on same-sex marriage. The court in that case ruled that denial of marriage licenses to same sex couples in Virginia in unconstitutional. Today, the Fourth Circuit decided to stay its ruling on the gay marriage ban. Marriage licenses could start being issued as early as next week. However, the Prince William County Clerk of Court Michele B. McQuigg has stated that she intends to seek an emergency stay from the United States Supreme Court. If the U.S. Sup…

Recently, Keenan Goldsby, a partner at our firm, lent his knowledge on the topic of social media during a divorce in an article which can be found on the WTOP website. In this article, Mr. Goldsby discusses whether or not you should use social media during a divorce and what the ramifications of doing so can be. Many people may send what they think is a harmless tweet, or they may update their status with information they think is just for friends and family. It is surprising for many when they find out just how much influence their social media accounts can have on their case. Their spouse may try to twist what they said and use somethi…

Does poor treatment of a stepchild make a difference in divorce-related property division decisions? According to the Court of Appeals, it does. In a recent appellate case, the Court of Appeals ruled in favor of a trial court’s decision to consider a man’s poor treatment of his stepdaughter a “negative non-monetary contribution,” which allowed his ex-wife to get a larger portion of their shared property, according to Virginia Lawyers Weekly (VLV). The appellate decision was made yesterday in Crater v. Crater, a case out of Carroll County, Virginia. According to the details concerning the case, the man’s wife already had a young daughter w…

A new study published by the University of Chicago found that a large percentage of Americans are now meeting their spouses online, and that spouses who meet online are generally happier and less likely to divorce than those who meet “offline.” In particular, the study found that “more than a third of marriages between 2005 and 2012 began online,” compared to just nineteen percent, as measured in 2008. The study determined that the longevity and satisfaction rate of “online” marriages was also higher than those resulting from off-line encounters. Interestingly, marriages that resulted from meetings at bars or blind dates faired the worst …

Today, people are keenly aware that the internet is a repository for senstive personal information. Whenever a person uses the internet – whether for banking, Facebook, Amazon, email, or Google Chat – that person creates an electronic profile for which information is retained, often indefinitely. Despite the public’s awareness of the permanency and lack of privacy of internet information, people often unwittingly continue to create caches of senstive information on websites, which could be used against them in divorce cases. A recent American Association of Matrimonial Lawyers survey, reported by PRNewswire, shows that more than half of t…

For married couples who own businesses together, the prospect of divorce raises complicated legal and economic issues related to those businesses. However, while divorce may dissolve a marriage, it does not necessarily need to spell the end of a married couple’s business venture. According to a 2007 Census Bureau estimate, cited in a recent New York Times article, about 3.7 million businesses were owned by married persons in the United States. This article goes on to highlight a number of separated or divorced couples, including two attorneys, who decided to continue working together and operate their businesses, despite their marital dif…

Welcome to the ShounBach Blog, your source for information relating to family law practice in Northern Virginia. This holiday season has fortunately been marked by indications of local and national economic improvement. Although Northen Virginia has been more immune to the Great Recession than other areas of the country, its residents have still experienced their share of economic strain. According to a report by the National Marriage Project at the University of Virginia, the Great Recession has influenced fewer married persons to divorce since the economic downturn began. Now, according to a recent Washington Post article, because the e…