TOP TEN COSTLY DIVORCE MISTAKES TO AVOID DURING A RECESSION
- Adultery may eliminate spousal support in Virginia.
- Be aware of formulas and guidelines for determining support in Virginia: child support guidelines are the presumptively correct starting point for support; pendente lite spousal support: w/child – 28/58%, w/o child – 30/50%.
- Alimony: request it, reserve it, or lose it.
- You have 2 years to file for an annulment and you may lose your right by cohabitation after knowledge of the facts.
- Do not delay the filing of a motion to modify support upon a material change in circumstances.
- Judges are hostile to the concept of separating under the same roof in Virginia.
- A suit for a divorce from bed and board can be filed immediately in the Circuit Court. You may be able to obtain pendente lite relief for temporary support, attorney’s fees and costs, protective orders, temporary custody and child support, exclusive use of the marital residence, or a freeze on assets.
- Consult with your tax advisor concerning the tax consequences of spousal support, allocation of the dependency exemption, exclusion of gain from sale of marital residence, etc.
- Be careful about leaving the marital residence without a separation agreement.
- Consider the possibility in your agreement that one spouse may file for bankruptcy relief.