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.
]]> Other issues that come up in tax filings are who may claim head of household and who gets the deduction for any children a couple may have. Generally, the head of household claim goes to the parent who has the children more than half of the year. However, parties have to be careful because they both cannot claim head of household on their taxes.One major issue that divorced taxpayers generally face is when and where to file taxes, particularly with more complex arrangements. Since divorced couples rarely file or prepare their taxes together, this can get very tricky. This can be especially difficult if the IRS decides to conduct an audit of the parties. Family law attorneys recommend a specific and important strategy: file first and force the other person to react.
Source: "Divorced Couples Are Walking Right Into These Tax Traps," Mandi Woodruff, Business Insider, Apr. 3, 2012
]]>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.
]]> As a result of the new law, about four times the number of people will be required to install ignition interlocks. Each offender will have to pay for the installation, which is not cheap-about $480 for a six-month installation.Groups like Mothers Against Drunk Driving contend that ignition interlocks reduce repeat offenses. Such groups say that the 274 alcohol-related motorist deaths and 5,500 injures during 2010 warrant the tough measures.
However, public defenders and some lawyers say that the law goes too far. They contend that the new law will encourage more cases to go to trial, taxing an already overburdened court system. In addition, they say that the interlock installation and maintenance fees will disproportionately affect low-income drivers.
Source: "Is Va.'s ignition-interlock rule for first-time DUI offenders too tough?" Justin Jouvenal, The Washington Post, 4/8/12
]]>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.
]]> Dividing and Receiving A Military PensionWhat part of a military pension is considered marital property depends on the overlap of the marriage with military service. If you were married for the service member's entire military career, then his or her pension would like be divided in half, with a 50 percent portion be awarded to each spouse. However, if you were married for only 10 years during the service member's career, only the amount of the pension accrued during the marriage would be marital property and subject to division.
For couples who've been married for 10 or more years, upon divorce, the U.S. government will send the ex-spouse's share directly to him or her. If your marriage was under 10 years, the government expects that the former military personnel will send you a portion on a monthly basis. Whether relying on a former spouse to send you a monthly amount is a good option or not is something that should be discussed with your Virginia military divorce attorney.
Don't Forget About Survivor Benefits
An important part of a military divorce is ensuring that the non-military spouse applies for survivor benefits, if eligible. Failing to do so may mean the loss of the share of a military pension awarded in divorce upon the death of the service member.
Source: The Wall Street Journal, "Divorce: Splitting Up a Rich Military Pension," Ellen E. Schultz, March 9, 2012
]]>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.
]]> An ignition interlock system essentially disables a car if the driver has been drinking. A car equipped with ignition interlock will not start if the driver blows into the attached Breathalyzer and registers above a 0.02 BAC. The driver will also be required to blow into the device at random intervals while the car is in motion.If the interlock system does detect alcohol in the driver's system, after a retest to confirm, the car's horn will sound and the lights will flash. The ignition interlock system is intended to notify law enforcement that someone is getting behind the wheel despite being impaired.
This is the sixth year in a row that an ignition interlock law has come up in the Virginia legislature. The bill was modified to apply to first-time DUI offenders only if their blood-alcohol concentration was 0.12 or greater. The Senate rejected the change and the bill, as-is, has now passed both the House and the Senate and is headed to Governor McDonnell's desk.
Source: Loudoun Times, "Senate requires ignition interlocks for drunken drivers," Brian Hill, February 26, 2012
]]>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.
]]> Unless you are tried in the court of public opinion, that is. Paterno was considered just as guilty, by many, as if he'd committed the alleged sex crimes himself.Whenever a sex crime is alleged -- including child pornography, rape, incest, statutory rape or an internet-related sex crime -- the assistance of an experienced criminal defense attorney cannot be understated. Many are quick to condemn those accused of sex crimes, particularly those involving children, before all the facts are laid out in a court of law.
It is true that children need and deserve to be protected. But it is also true that people need and deserve to be protected from false or overstated accusations. And a civilized society has no room for an intolerance of both the criminal justice system and the presumption of innocence.
]]>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.
]]> In deciding whether to order spousal support, the court will consider a variety of factors as defined by Virginia statute, including:These are just a few of the many factors that are written out specifically in the Virginia Code that a court must consider before awarding spousal support.
A Virginia family law attorney can address any questions you have about qualifying for spousal support. There are additional considerations to be made regarding the length or duration of an award of spousal support as well as whether any awarded amount should be distributed as periodic payments or as a lump sum.
]]>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.
]]> You Can Fight the License Suspension. Call an Experienced VA DUI Attorney Right Away!The Administrative License Suspension is in addition to any penalties that may be ordered if you are convicted for a Virginia DUI and the time period that your license will be administratively suspended increases if you are a repeat DUI offender. For a second DUI offense, the ALS lasts for 60 days or until your case goes to trial, whichever comes first. For a third drunk-driving offense within 10 years, your license will be suspended until your case goes to trial.
Contacting an experienced DUI defense lawyer should be your first step in fighting the charges against you. There may be an opportunity to challenge your arrest for DUI and the Automatic License Suspension. A police officer must have 'probable cause' to charge a suspected drunk driver with a DUI. If you are able to successfully challenge the existence of probable cause, you may be able to save your Virginia driving privileges from suspension.
Source: Virginia Department of Motor Vehicles, "Virginia is Tough on Drunk and Drugged Drivers"
]]>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.
]]> How Can Richmond Motorcyclists Better Protect Themselves?The Virginia Department of Motor Vehicles requires all cyclists on Virginia roadways to first obtain a motorcycle license or a Class M designation on your Virginia driver's license. Virginia also requires that cyclists and their passengers wear a helmet that either complies with or exceeds the standards set forth by the federal Department of Transportation, the Snell Memorial Foundation or the American National Standards Institute, Inc.
In addition to helmets, motorcyclists are encouraged to wear protective eyewear such as a helmet with a face shield or protective goggles, long-sleeved shirts and pants to protect arms and legs from scrapes and abrasions, non-slip gloves that allow for a firm grip on the handlebars and appropriate footwear that covers the ankles. Leather boots are highly recommended.
While it's every driver's responsibility to keep an eye out for others on the road and to follow traffic rules to protect each other's safety, motorcyclists must be aware that they often go unseen by others on the road. Whether it's because drivers are not looking for their smaller motor vehicles or whether the motorcyclist is not taking steps to drive in his or her lane so as to be visible to other drivers, lane positioning is very important for motorcycle safety. If you're riding a motorcycle, make sure to give yourself enough space to avoid traffic hazards as well as to brake appropriately in emergency situations.
]]>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.
]]> A Virginia No-Fault Divorce May be a Lifeline for Your Small BusinessOne year ago, no-fault divorce became available in all 50 states. A no-fault, or uncontested divorce allows Virginia couples to seek a resolution to their divorce that is as simple and efficient as possible.
When one or both people are running a small business, taking time away from work to argue over assets or child support issues can have a major impact on the continued success of the company. Working with experienced Richmond divorce attorneys through a no-fault divorce allows you to remain in control of your divorce through mediation and negotiation, rather than long, drawn-out court battles.
Divorces that involve small businesses often involve high-asset individuals and complex valuation issues that must be addressed by a team of professionals. While it is impossible to say exactly how long a divorce will take, from start to finish, because each couple is different, a divorce doesn't have to be the end of your small business.
Source: "Divorce has "immense" impact on small businesses," 28 September 2011
]]>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.
]]> Other common causes of Virginia motor vehicle accidents include:Regardless of the cause of the crash, motor vehicle accidents can have devastating consequences. The sudden impact of one vehicle hitting another can cause bruising, broken bones, spinal cord and head injury, burns and even death. The steps you take after being injured in a car accident should include moving to a safe place if possible, calling for emergency assistance and seeking necessary medical treatment.
]]>While none of these individuals' thefts come anywhere near the $50 million Ponzi scheme of Bernie Madoff, they are all examples of white collar crimes happening right here in Richmond. Whether out of an intention to deprive or because they did not understand that what they were doing was wrong, each act was a white collar crime: embezzlement.
What is Embezzlement in Virginia?
Embezzlement, generally, is the wrongful or fraudulent use, disposal or concealment of funds in any form that were received for someone else, for an employer or that were otherwise entrusted to the person who wrongfully used them. Embezzlement is deemed to be larceny by Virginia statute and is punished accordingly.
]]> Embezzlement is one of a variety of crimes considered to be a 'white collar crime.' Other white collar crimes include securities, wire, bank or computer fraud; identity theft; theft of government property by fraud or deception; and computer hacking.When Do You Need a Richmond Criminal Defense Attorney?
If you're being investigated for embezzlement, it's very likely that you know the investigation is occurring. You should not wait until you are charged with a crime to contact an attorney. Anything that you share with the police may eventually be used against. The best thing you can do is to remain silent and contact an experienced Richmond white collar crimes defense attorney as soon as possible.
It's important to start building your defense as soon as the police begin building a case against you.
Source: Ex-Richmond school employee embezzled grant money for needy families; Goochland County can recover embezzled funds through bond, insurance; Richmond police officer indicted in embezzlement case
]]>A prenuptial agreement is an important asset protection and planning tool for everyone considering marriage. Many couples are waiting longer to get married; have established careers, own a home or have accumulated substantial liabilities. Others may have previously been married and have children from their first marriage. When established properly prior to marriage, a valid prenup can protect what you have worked hard to build, including your family and your assets.
Of course, no one entering marriage wants to plan for the marriage to fail, but financial disputes are one of the key reasons that marriages end in divorce. Answering tough financial questions prior to the marriage may in fact make your marriage more likely to succeed.
]]> Planning for the Future Does Not Mean Planning for DivorceA prenuptial agreement, when drafted and executed properly, can determine issues related to assets and property while you and your soon-to-be-spouse are not pressured by the stress and emotion of a divore. But, there are several pieces to an effective prenup, including:
When most enter into a marriage, the intention is to remain married until death do them part. However, if your marriage does end in divorce, a valid prenuptial agreement may allow you and your spouse to proceed more smoothly through what will likely be a very difficult time with a no contest divorce, saving a substantial amount of time, money and heartache down the road.
When discussing the division of assets that will become effective, if at all, at a potentially much later date in the future, there is no substitute for the guidance of an experienced family law attorney.
]]>Although the McCourts call California home, the divorce illustrates issues that apply to divorcing couples in Virginia who co-own a business and who are contemplating divorce as well.
]]> Dividing a Business Upon Divorce in VirginiaOnce a business is characterized as marital property, dividing that business during divorce can be a complex undertaking. In Virginia, marital property generally includes all property either spouse acquired during the marriage. This can be property that was acquired jointly--as in purchasing a home in both spouses' names, or property acquired separately--as in purchasing a car only in the name of one spouse.
Family or closely-held businesses are often difficult to divide because they generally are not publicly-held companies and there are no simple methods for selling a partnership interest or shares in this type of business. If only one spouse owned a business during the marriage, it may still be considered marital property and subject to equitable distribution. If a business is being run by both spouses, the business relationship may be impossible to maintain during and after the divorce, depending on whether the divorcing couple is able to continue working together professionally despite the divorce.
In some circumstances, it may be necessary for one spouse to "buy out" the other. Any time that business ownership is one of items that will need to be addressed during a divorce, the value of the business will be a major issue. Value can include tangible items such as inventory, real property and office furnishings as well as intangibles such as the good will of the business and the reputation it has established among its target market. A team of experts, including your Virginia divorce attorney, will need to be involved.
The Fate of the Dodgers
In the McCourt's case, Major League Baseball (MLB) took over management of the Dodgers in April amid concerns that the team was no longer being operated properly. The special circumstances related to a team franchise agreement would allow the MLB to terminate the McCourt's ownership of the Dodger franchise and sell the team.
In Jamie's request for a court-ordered sale of the team, she stated that she didn't believe a sale by the MLB would garner maximum value for either her or her ex-husband; "Only a private sale controlled by Jamie and Frank under the court's supervision will result in the highest possible sales price [for the Dodgers]."
Source: Bloomberg, "L.A. Dodgers Owner's Ex-Wife Asks to Sell Team," 5/19/2011
]]>Divorcing couples who are not in agreement over matters such as child custody, alimony or property division may need to resolve their disputes in court.
With Virginia divorce as complex as it is, many couples want to minimize the additional complications they introduce into the process. The following are tips to make a difficult situation a little easier, both financially and emotionally:
]]>Virginia couples who face divorce often have a choice about how to proceed. If they are in agreement that a lower level of conflict is preferable, they may be able to save a significant amount of time, stress and money.
Source: Ten Things That May Help Avoid Costly Divorce Mistakes
]]>Financial stress is consistently cited as one of the main reasons couples decide to divorce. Thirty-four percent of couples surveyed by the Project indicated they were stressed about money, whether due to lost employment, decreased work hours, difficulty paying bills such as credit cards or the mortgage, or threats of foreclosure.
At this time, divorce-and paying for two households with the same amount of money previously used to maintain one-may be just too expensive of an option.
]]> What's Changed? Why is Divorce So Costly?The legal process for divorce has not changed significantly, but the financial situation of many who seek divorce has. Rather than determining who gets to keep the house or the car, couples are faced with determining who will pay for the credit cards and who will pay for the house. In other words, couples are left dividing debts rather than assets.
Many factors play into the financial relationship of a marriage and, subsequently, the division of property in a divorce. Property that must be divided includes bank accounts, retirement accounts, personal property including cars and furniture, real property, proceeds from a business and investments such as stocks and bonds.
Commonly, a home is the largest asset a divorcing couple must settle. Previously, homeowners were able to divvy up the equity in a home by either buying out the other's share or putting the house up for sale and dividing any profit. With the current status of the housing market, many couples are underwater on their homes, meaning more money is owed on the property than it is currently valued at or could be earned upon sale. Unfortunately, if a couple is able to sell a marital home in this market, it is often at a loss, leaving each person still owing the remainder of the mortgage.
Because of the inability to sell a house for the amount owed on it, many couples have decided to continue living together in the home for the time being. Although it's not necessarily an ideal situation, through cooperation, both spouses may be able to end the marriage at a later date on more solid financial footing than pushing forward with a divorce right now. This 'cooperate to graduate' strategy is becoming more and more common throughout Virginia.
Many believe that the slowdown in divorce will be met with a surge in the same once the economy turns around.
Source: Tough economy slows divorce rate; The Great Recession and Marriage
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