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Tax Issues Common for Divorced Couples

Divorce is a difficult time for most for many different reasons. A common issue facing couples during divorce is tax issues, and if taxes are not handled properly by both sides it can lead to an IRS audit. Tax time can be stressful and confusing for anyone. Add on the issue of divorce and it can lead to a whole new host of problems, especially if both parties wait until the last minute, and one or the other is not willing to hand over tax information.

One question that comes up during the process is how to file; one can choose to file either married jointly or file separately. This can have important implications either way. If parties file jointly, they are responsible for the other person when it comes to taxes. On the other hand, it can get expensive to file separately if parties pay a CPA or private party to do their taxes for them.

New Virginia Ignition Interlock Law Sparks Debate

Virginia's recently-passed ignition interlock law has set off a debate between groups battling drunk driving and those that represent offenders about whether the new law goes too far.

An ignition interlock system works by disabling the car if the driver has been drinking. A car with an installed ignition interlock will not start if the driver blows into an attached Breathalyzer and registers a certain level of alcohol on his or her breath. To discourage a friend from taking the test for the driver, the system requires that the driver blow into the device at random times while the vehicle is in motion.

The new law, which takes effect in July, will require virtually all first time DUI offenders-whether they were highly intoxicated or just slightly over the legal limit-to install ignition interlocks in their cars. The former law only required repeat offenders and those with a blood alcohol level above .14 to install ignition interlocks.

Dividing Military Retirement Benefits During a Virginia Divorce

As war, conflicts and deployments weary our nation's Army, Marines, Navy and Air Force, military families here in Virginia and throughout the United States are shouldering the burden as well. And that burden is taking its toll - over the last ten years, military divorce rates have risen to 3.7%, more than a whole percentage from 2001.

The number may seem small at first glance, but military divorces are even more common than in families not tied to one of the services. As with many divorces, the division of assets including the division of a retirement pension in a military divorce is a common source of conflict.

If one or both spouses is or was in the military, upon divorce, the military pension is one of the assets that must be divided if it is considered marital property. And, like other marital property, up to 50 percent of a military pension may be awarded to your spouse.

Virginia Steps Closer to Ignition Interlock for 1st Time DUI

First-time driving under the influence (DUI) offenders could soon be forced to install an ignition interlock system on their cars. The Senate recently passed House Bill 279, which extends current ignition interlock requirements to those who've been convicted of only one DUI.

Virginia requires an ignition interlock device for repeat DUI offenders -- those who've been convicted two or more times. But that may soon change. Based on statistics from the National Highway Transportation Safety Administration (NHTSA), an ignition interlock system could affect nearly 30,000 people in Virginia, at least that was the number of convicted DUI offenders in 2010.

Is the Court of Public Opinion Too Quick to 'Convict' Those Accused of Sex Crimes?

By now most have heard about the allegations of sex crimes against former Penn State defensive coach Jerry Sandusky. Many may also be thinking twice about how they judged whether Joe Paterno was also to blame, at least in part, for not doing more to stop the alleged sex abuse.

Sandusky himself faces 40 counts of child sex abuse, stemming from incidents between 1994 to 2009. But Paterno, who passed away from cancer during the course of the release of information and subsequent investigation, was never criminally charged. But, he did lose his job, one that he'd held for over 40 years, as the football coach at Penn State.

As a reminder, it's a cornerstone of our criminal justice system that one is innocent until proven guilty, something that criminal defense lawyers across the country fight for daily.

Factors Courts Consider When Awarding Virginia Alimony (Spousal Support)

There are two support issues that are dealt with in Virginia divorce proceeding: child support and spousal support. Spousal support is commonly known as alimony, but may also be referred to as maintenance. Several factors are considered by the courts when determining whether an award of spousal support is appropriate.

Both spouses in a marriage may be eligible for spousal support once a divorce is filed with the appropriate Virginia court. A pendente lite order for spousal support may be issued to require one spouse to make support payments, including continuing to provide healthcare coverage, while the divorce is pending.

A full disclosure and discussion of your financial situation, both during your marriage as well as what you expect it to be after the marriage ends, with your Richmond spousal support lawyer can help you understand whether you meet basic criteria for the court to award spousal support as well as answer any questions you may have about the amount or duration of any award.

Arrested for Drunk Driving in Richmond? Fight Your Driver's License Suspension

In Virginia, an arrest for driving under the influence (DUI) means the immediate suspension of your driver's license. As related to your Virginia driving privileges, you do not have to be convicted of a drunk-driving offense before it is illegal for you to drive, just being arrested triggers an Administrative License Suspension (ALS).

If you are facing your first Virginia DUI charge, the automatic license suspension is for one week. If you refused to take a breath test, your Virginia driver's license will also be automatically suspended. The penalties for being arrested for drunk driving are immediate; your Richmond DUI defense attorney can further explain the possible additioal penalties for conviction of a drunk-driving offense.

October and Halloween Night Are Particularly Dangerous for Virginia Motorcyclists

A Richmond police communications officer was fatally injured in a motorcycle crash at the beginning of October when he collided with a school bus while riding his motorcycle just west of Jefferson Davis Highway. Another motorcyclist was sent to the hospital with critical injuries after colliding with an SUV in Chesterfield County about a week ago. The cyclist later died from his injuries has well.

To top it all off, the National Highway Traffic Safety Administration (NHTSA) reports that almost half of all fatal accidents on Halloween night in 2009 involved a motorcycle driver with a blood-alcohol-concentration above 0.08. To say that October is a dangerous month for Virginia motorcycle accidents may be an understatement. October has proven to be even worse: a deadly month for motorcyclists in Virginia and throughout the country.

A Virginia Divorce Doesn't Have to Hurt Your Small Business

While divorce is of course difficult on families, a small business or a family-owned business may also bear a substantial burden from divorce as well. The founder of a software consulting firm recently recounted that his divorce cost his small business almost a quarter of his annual revenue, simply due to the time he had to be away dealing with issues related to his divorce.

Issues related to the ownership structure of your business, each spouse's role in the company and the time period when business assets were acquired may all need attention and resolution during your divorce process. If questions regarding the business were not addressed prior to or during the marriage through a valid pre-nuptial or post-nuptial agreement, they will need to be addressed at the end of the marriage through the divorce proceedings.

Richmond, Virginia's Dangerous I-95 Claims Two Lives in Multi-Vehicle Crash

A disabled Ford Taurus in the left-hand lane of Interstate 95 in Richmond lead to a three-vehicle crash last Thursday, fatally injuring two motorcyclists. The Taurus attempted to get off the highway, but could not entirely get out of the left lane of traffic. A Chevrolet Impala, also in the left lane, was able to stop behind the Taurus, but the third vehicle, a Harley motorcycle was not. The motorcycle rear-ended the Impala, ejecting both the driver of the motorcycle and his passenger.

In 2010, Virginia roadways, including I-95, saw over 700 Virginians killed in motor vehicle accidents, including drivers, passengers and pedestrians according to the Virginia Highway Safety Office. Over 4500 car crashes occurred in Richmond alone, resulting in 15 deaths and over 2500 injuries.

Common Causes of Virginia Motor Vehicle Accidents

Motor vehicle accidents are among the top 15 most common causes of death in Virginia. Although there is no indication that alcohol was a factor in the fatal motorcycle crash on I-95, alcohol played a role in over 37 percent of all crash-related fatalities in Virginia last year.