Divorce is a bitter process and in Northern VA, can be extremely complicated with intricate details involved due to the number of high net worth individuals who live in Northern VA. Terminating a marriage is not just about severing ties with one another; it involves managing finances and children’s future. The complications arising out of the dissolution of marriage make it all the more crucial for hiring divorce lawyers in Northern VA. The Northern VA divorce attorneys at the Law Offices of SRIS, P.C. are known for their aggressive litigation tactics (when necessary) in Northern VA with the potential to direct your case in the right direction.
If you are confused about where to start, our Northern VA divorce lawyers can guide you through the process. The Northern VA divorce attorneys at the Law Offices Of SRIS, P.C. can draw out a roadmap to kick-start a marriage dissolution. This article elaborates on various challenges confronted by the couple during the dissolution of marriage.
OUR NORTHERN VA DIVORCE LAWYERS WILL EXPLAIN THE STEPS TO BE TAKEN BEFORE FILING DISSOLUTION IN NORTHERN VA, WHICH ARE AS FOLLOWS:
1. Grounds for dissolution: There are several reasons for a person to opt for marriage dissolution but the court will look into the grounds. It can be classified as a fault or no-fault. In the case of no-fault, the couple has to prove that they have been living separately for one year without cohabitation. The duration can be reduced to six months if the couple has a settlement agreement and no minor children. Whatever be the grounds, an experienced divorce lawyer in Northern VA can find a way out. It does not stop with just a separation of two persons but property division, custody, support, and much more. Depending on the grounds, the outcome is decided.
2. Residency requirements: Either of the spouses has to be a resident of Northern VA for 6 months before filing dissolution. The residential proof can be determined by tax filings, driver’s license, and voter registration in Virginia. The exception comes for military and personnel working with foreign services. The divorce lawyers in Northern VA can help in determining the situation.
3. Financial documents: Termination of marriage includes division of marital assets as well, therefore, gathering financial information is crucial. The lawyers in Northern VA will explain the significance of compiling bank accounts, retirement accounts, assets, tax returns, credit card debt, mortgage, etc. The assets earned and owned in common are recorded by the lawyers in Northern VA which will be valuable during a court hearing.
4. New divorce laws: Some new laws came into effect in 2018 impacting marriage dissolution. The divorce lawyer in Northern VA can educate you on the latest law. The Federal Law stipulates changes in Alimony since 2019. Alimony or maintenance is awarded in marriages where one spouse is earning higher income compared to the other. According to the new Federal Law, alimony is taxed for both spouses. Post-January 1, 2019, the payor cannot enjoy deductions any longer and the receiving spouse need not pay taxes. The spousal support agreement can be negotiated by the divorce lawyer in Northern VA or a court may fix alimony in case of a dispute.
Several modifications have been made to alimony. Get to know about the latest amendments from the divorce lawyer in Northern VA. According to the latest law, the payee spouse is entitled to modify the spousal support, unless it is non-modifiable. Spousal support can be modified if there is a circumstantial or material change. Your lawyer in Northern VA can elaborate on the subject. The new law accepts that retirement at the age of 67 creates material change in circumstances forcing spouses to call for modification of alimony. For more on this contact the divorce lawyer in Northern VA.
Child Custody guidelines have changed and now the courts consider joint and sole custody as an option. This could allow shared parenting arrangements in tune with the best interests of the child while determining custody. For more on shared parenting, speak to the judicious divorce lawyers in Northern VA.
5. Identifying a reputed lawyer in Northern VA: There are many ways to decide on who is going to fight your case. Without a competent divorce lawyer in Northern VA, you are sure to lose assets and child custody. The risks are higher and even a small error can impact your life greatly. For best possible outcomes contact, the Law Offices of SRIS, P.C.
VALIDITY OF US DIVORCE DECREE IN INDIA
Dissolution of marriage obtained in the United States of America are acknowledged and considered valid in India, unless and until the decree violates any of the Indian separation laws. Divorce lawyers in Northern VA are available round the clock to clear queries and doubts regarding the dissolution of marriage in their country and its legitimacy at other places.
The divorce lawyers in Northern VA render legal representations and effective services. The charges levied by the lawyers in Northern VA are highly affordable which makes them accessible to people coming from varied financial backgrounds. Explicit knowledge, commendable skills, and high success rates are some of the features that make divorce lawyers in Northern VA highly competent and outstanding. Divorce lawyers in Northern VA support their clients physically, legally, and mentally.
EX PARTE DIVORCES IN NORTHERN VA
When one of the spouses does not appear for a marriage dissolution hearing, then the court may pass an ex parte order without hearing the contention of that spouse. The judiciary of the United States has all the right to decide on the marital status of its residents but it is not allowed to interfere with matters related to its non-residents. In these situations, divorce lawyers in Northern VA can ably defend their clients during the trial and there are possibilities wherein the other spouse, who is found to be living at a completely different location, is unaware of the proceedings. Divorce lawyers in Northern VA elaborate on the concessions and special rights exclusively applicable to the country’s occupants.
DIVORCE LAWYERS IN NORTHERN VA APPRISE THEIR CLIENTS ON THE REASONS A FOREIGN MARRIAGE DISSOLUTION WOULD NOT BE RECOGNIZED IN INDIA. SOME OF THEM ARE:
- The Indian courts do not accept the dissolution of marriage of its citizens obtained in another country, whose judicial systems do not have the authority to terminate marriages legally. If you face this situation, call the divorce lawyers in Northern VA for clarity. In these cases, laws about dissolution in both countries have to be carefully studied to draw appropriate solutions. Divorce lawyers in Northern VA help understand all procedures of a dissolution case in the United States and can further guide clients in explaining the norms with which the separation will be applicable in other countries if they are bound to move to different locations. Divorce lawyers in Northern VA offer the best consultations and provide advice on how the case can be approached lawfully.
- When applying for dissolution abroad, both the spouses should be given fair and equal opportunities to deliver their arguments and confessions at the other country’s court. Engaging divorce lawyers in Northern VA can prove beneficial for both parties. If either of the parties residing in India does not receive prior notice and are thereby unable to present themselves during the hearing, then the orders passed in these courts will not be applicable in India.
- Lawyers in Northern VA explain to their clients on what grounds a divorce can be acquired in America. Likewise, each country has definite grounds of separation discerned by its jurisdiction, and the law varies in different countries. Therefore, marriage dissolution finalized in foreign countries on the grounds not recognized by the Indian laws is not accepted in India.
- The Indian judiciary does not acknowledge matrimonial dissolution obtained by fraudulent means. The assistance of divorce lawyers in Northern VA, with experience in Indian divorce laws, is an added advantage. If the court finds out that one of the parties has misinterpreted and forged facts to acquire a divorce abroad, then it has the authority to decline its validation in India. Under these circumstances, the couple would be separated under the laws of the foreign country but will remain married under the Indian laws. Further, the couple is prone to be charged with bigamy in India when they try to get remarried. If you are facing this situation, contact divorce lawyers in Northern VA at once.
Therefore, legalizing marriage dissolution in India that was acquired in the United States is complicated and requires a thorough examination of all the details and facts related to the case. All court procedures should be carried out correctly. Laws on marriage dissolution in both countries should be studied meticulously and proper arrangements should be made accordingly. In these cases, divorce lawyers in Northern VA, work with efficient lawyers from India to make things easy and simple.
Divorce lawyers in Northern VA facilitate smooth navigation through all procedures. Our Divorce lawyers in Northern VA at the Law Offices of SRIS, P.C. counsel clients about all possible inadequacies and do not give false hopes.
VIRGINIA DIVORCE LAW ON RETIREMENT VALUE
In the division of assets, the most important part is the fair division of Individual Retirement Accounts (IRAs) and pensions. This could be confusing and a reputed divorce lawyer in Northern VA can throw light on the subject. The court decides on the legal belongings of both the spouses while dividing a property. It is termed as valuation and does not include separate property earned by the spouse individually. Looking for a fair division of retirement value, get in touch with a renowned divorce lawyer in Northern VA. The law in VA states, retirement benefits fall under the purview of marital property and can be divided, but with two exceptions.
TYPES OF RETIREMENT ACCOUNTS:
- Contribution plans like IRAs, Thrift Savings Plans or 401(k)s
- Defined benefit plans like pensions
Both the above are treated as marital property by the Northern VA court and adept divorce lawyers can estimate the value and work out spousal support. It doesn’t matter whether it was accrued before or after marriage and if the account is in the single spouse’s name. To understand the nuances of retirement accounts as marital property, contact an expert divorce lawyer in Northern VA.
OUR NORTHERN VA LAWYERS EXPLAIN CONTRIBUTION PLANS
Contribution plans are defined as a prescribed percentage of the paycheck set aside by the employee and employer every month, and the amount goes into the savings account. The funds are accumulated until the employee retires and is termed as a marital asset. If you are looking for financial advice on marital assets contact the divorce lawyer in Northern VA.
The divorce lawyers in Northern VA need to check the retirement accounts when filing a marriage dissolution. There may be cases where the spouse of the employee contributes to 401(k) or 403(k) or IRA and such retirement accounts are considered a marital asset.
THE VIRGINIA COURT FOLLOWS THESE RULES WHILE DIVIDING THE ASSETS:
- Marriage date: The marriage should have lasted for 20 years and the contribution into the 401(k) should have been made by the employee spouse for 25 years, then the amount made in the preceding years of marriage can be exempted from asset partition. The five years is seen as individual earnings and separate property.
- The 50% value: To maintain fairness during the division of retirement accounts, the Virginia law holds that while dividing the assets of retirement account contributions from 20 years, the non-employee spouse is not eligible for more than 50% of the value. If the receiving spouse is eligible for 50% then the value is reduced to 10 years of contribution.
Schedule a consultation with a leading divorce lawyer in Northern VA to get to know about retirement accounts and how it can be divided.
PENSIONS OR DEFINED BENEFIT PLAN (DBP)
This plan is for those in military service, foreign service, or civil servants. The Defined Benefit Plan is contributed by the employer every month using a unique formula. The amount is predetermined and the employee can access the amount after superannuation. The DBP is partitioned during dissolution either by the partners or court. The divorce lawyer in Northern VA can help with a fair valuation.
The division can be done after valuation on a court order or may elect an actuary service to arrive at the right figure. The divorce lawyer in Northern VA can also guide in the process. After this, the spouses may add the eligible portion into the marital property to be partitioned.
The division can be done at the time of superannuation too. When the spouses mutually agree to split the shares at the time of superannuation; the non-employee will be paid their share. If there is disagreement, the divorce lawyer in Northern VA can step in to arrive at an amicable resolution.
The Qualified Domestic Relations Order (QDRO) is submitted to the court at the time of partition of property, post-dissolution. It clarifies how the properties need to be divided. While dividing your life savings it is best to put emotions aside and let a qualified divorce lawyer in Northern VA handle your case. QDRO is used to prevent tax fees or other penalties related to withdrawing retirement account. It is the simplest way to transfer superannuation accounts to the recipient without any fine.
If you want to divide your superannuation account, get in touch with the Law Offices of SRIS, P.C. Our divorce lawyer in Northern VA can assist you in the best way possible.
OUR NORTHERN VA LAWYERS ASSIST IN HIGH ASSET DIVORCE CASES
THE THREE DIFFERENT ASSET DIVISIONS WHILE TERMINATING A MARRIAGE ARE:
- Matrimonial property acquired after matrimony or a single property added to benefit the couple. This can be divided by the couple after dissolution.
- Separate property acquired by either of the spouses before the marriage or given as inheritance or gift during a marriage or acquired by either of the partners while in matrimony. This asset cannot be treated as a nuptial property.
- Amplification of the value of part separate and part marital property during the marriage with the contribution of the other spouse. In this case, the marital portion can be split during dissolution.
Defining the properties could be confusing and the divorce lawyer in Northern VA can work out a value. In Virginia, spousal assets are equitably divided. It means the property may not be divided equally among the spouses. When looking for complete guidance on the partition of assets, call the divorce lawyer in Northern VA to protect your finances.
THINGS TO CONSIDER ARE:
- Earning potential of the spouses
- Value of property
- Duration of marriage
- Tax consequences
DIFFERENT TYPES OF MARITAL PROPERTY ARE:
- Marital home
- Retirement accounts
- Real estate and vacation homes
- Bank accounts
- Stocks and bonds
- Vacation homes
- Trust incomes
- Life insurance policies
- Foreign tax shelters
- Intellectual property
HIGH ASSET CHILD SUPPORT
The payor spouse will be entitled to pay for child support to the rearing spouse. The divorce lawyer in Northern VA calculates payments based on the number of children, the income of parents, educational expenses, and health insurance costs. Determining the monthly income may not be easy and it is more complicated in a high asset divorce. The divorce lawyer in Northern VA, with experience in high asset child support, can find a solution to your problem. After taking into consideration the additional needs of the child such as tuition, nanny, college, sports, hobbies, or camp expenses the support amount is finalized.
The divorce lawyer in Northern VA at the Law Offices of SRIS, P.C. understands the anxiety and tension that every client faces and offers dedicated support and assistance. Our divorce lawyer in Northern VA fight for your rights and make the legal process simple. Do not hesitate to engage an aggressive and compassionate divorce lawyer in Northern VA who will ensure a fair settlement in your case.
If you need a skilled divorce lawyer in Northern VA, call the Law Offices Of SRIS, P.C. for help. Our Northern VA divorce attorneys will do their best to help you. We are your divorce lawyers in Fairfax County, Virginia, divorce lawyers in Loudoun County, Virginia, divorce lawyers in Arlington County, Virginia. C