Updating divorce terms northern virginia


15-Sep-2016 00:34

The general principle is that the living spouse is entitled to all of the deceased spouse’s estate if there are no children involved or if all of the children involved are from that marriage and to one-third of the deceased spouse’s estate if there are children involved who were born outside of the marriage.This means that if one spouse dies during the period of separation, and if the deceased spouse failed to provide adequately for the living spouse, then the living spouse can elect to file a "spousal elective share" claim against the deceased spouse’s estate.Many clients look forward to what life will be like after a divorce.If there are children, significant assets, or real property involved, many clients may prefer to prepare, during the period of separation, a trust as part of their estate plan.Typically negotiations between alimony, child custody, and the division of community assets are solely handled between two divorce attorneys.

In Virginia, you must wait one year to file if you have children and/or in the absence of a marital settlement agreement, but you can file after only six months with no children and a marital settlement agreement in place.

Are you contemplating an annulment and need to understand the legal process?