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Virginia Divorce What is Equitable Distribution?

In any Virginia divorce case, one of the issues that will almost certainly come up is “equitable distribution.” Virginia’s divorce law has a section concerning the division of the parties’ property. That is ?? 20-107.3 of the Virginia Code.

That section authorizes the Circuit Court judge in a divorce to divide the parties’ property and decide how the parties will pay their debts. The parties’ residence, savings and pension rights are usually the largest assets. Sometimes one of the parties has a business that was either started during the marriage or expanded during the marriage. Debts will typically include a mortgage and perhaps credit card balances owed.

The general rule in Equitable Distribution

The general rule is that money earned by the parties during the marriage and assets acquired with it are marital property. Property the parties owned separately before the date of marriage or acquired later by gift or inheritance are considered separate property. The Circuit Court judge in a divorce case can divide only marital property. Separate property cannot be divided by the court.

The fact that property is held in the name of only one of the spouses may not matter. As long as it can be proved that the funds used to buy the property were marital, then the property will be treated as marital and divided by the court.

Case example of Equitable Distribution in a Virginia Divorce

I recently finished a case in which the husband purchased a house shortly before the parties married. He took title in his name only. All of the money used to pay the mortgage was marital. That is, it came from the husband’s paychecks. I represented the wife and we persuaded the Circuit Court judge in Virginia Beach that the house was marital.

The husband appealed the case to the Virginia Court of Appeals twice. The first time the Court of Appeals said the judge did not use the correct method in analyzing whether the property was marital and sent the case back to him. The judge again found the property was marital and the husband appealed a second time. The second time the Court of Appeals concluded that the judge had analyzed the case correctly and affirmed his decision. This is the second opinion.

Mixed assets

Where the parties used both marital and separate property to buy an asset, the court can determine what portion of the property is marital and what portion is separate. A common example of this situation would be where the parties buy a house and use money from an inheritance to make the down payment and then make all of the mortgage payments from the salaries or wages they earned during the marriage. The marital portion can be divided but the separate portion belongs to the spouse who contributed it unless it can be shown that they meant to make a gift of it to the other spouse.

The apportionment of debts

The apportionment of debts also depends on whether they are marital. Whether a debt is marital depends on whether it was acquired for a “marital purpose.” The classic example of a debt that was not incurred for a marital purpose would be where the husband has a $15,000 American Express balance for a vacation taken with his mistress. Debts incurred for legitimate marital expenses are marital and the judge can divide them between the parties.

If you need legal advice about your Virginia Divorce call us now to (757) 491-0240 or (757) 619-5304 or visit our website…

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Considerations When Purchasing or Driving a Truck – Think About Accidents!

One of the main concerns when purchasing a vehicle should be safety, especially if it is intended for a family vehicle. If you are looking for a truck for work or just because you like trucks, one thing to consider is, for the most part, trucks are safer than cars in a car to truck collision because they are bigger, sit higher, have a full frame under them and have more mass than a car.
But on the downside, trucks have a higher likelihood of turning over than a car does due to its higher center of gravity. But when judging from truck to truck looking for the safest vehicle you should take the advice from someone who knows.
2010 Safety Ratings and Statistics
The National Highway Traffic Safety Administration knows. They do extensive crash testing of trucks to determine which vehicle ranks highest across six parameters. The numbers for the 2011 trucks have not been published, but for 2010 they have determined that the Chevrolet Silverado, the GMC Sierra, and the Toyota Tacoma have tested the highest in safety.
Frequency of accidents involving trucks rank third, behind cars, which ranked first, followed by SUV’s, which seems to correlate with the numbers owned. The holiday season, October through December, rate the highest numbers of accidents, Thanksgiving being the top producer of injury and death. While the most often crashed day is Friday, I wonder if it is because everyone is in a hurry to get home from work and start their weekend, or because of people going out and drinking on the weekend? Maybe it’s a combination of the two.
And oddly enough, most accidents occur in the day time in fair weather. I wonder if that is because more people are out driving. And it seems that, contrary to popular belief, males out number females in accidents by 20%. Is that because there are that many more males or those women actually do drive better than men? Obviously it’s because there are more men.
What Causes Accidents?
Tailgating, reckless driving and failure to yield rank as the top three causes for accidents, and persons aged 16-20 are the most oft crashed. Of course most of the fatal accidents involved alcohol, and many persons were injured or killed due to the lack of seat belt use. Approximately one quarter of fatal, and nearly half of injury accidents occur on the interstate, while around 75% of intersection accidents occurred in urban surroundings.
The best way to decrease these numbers is to drive safer. Don’t drink and drive doesn’t necessarily refer just to alcohol. If you can’t walk and chew gum, why do you think you can drive and eat that cheese burger? Also, if you are tired, rest, or STOP and get a caffeinated drink like coffee or a soda. And for goodness sakes, DO NOT TEXT AND DRIVE! This is a serious problem among the younger crowd today and needs to be addressed.
Buckle Up!
Follow the speed limit signs, they are not suggestions, they are the law! Buckle up! Pay attention to your surrounding at all times and always expect the other diver to not be paying attention. Obey traffic signs and lights, yellow means caution the light is changing prepare to stop, not floor it! Stop signs mean stop, they don’t mean slow down and look to see if anyone is coming then resume speeding. Just because you are in a truck doesn’t make you safer. All vehicles are dangerous if not operated properly and safely. Follow the rules and drive safe, not just because the life you save may be your own, but just because you might save a life.…

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Don't Hire Just Any Broward County Business Litigation Attorney

Perhaps the most straightforward type of business litigation (if there is such a thing as “simple” business litigation) is the breach of contract case. This covers a wide range of situations that arise from one party to a contract alleging that another party to the contract has not fulfilled his or her part of the agreement. When this happens, you need to contact a Broward County business litigation attorney without delay. Breach of contract cases don’t necessarily go to trial, but having experienced legal counsel will help protect your interests whether the case goes to trial or is settled without one.

When You Need a Broward County Securities Fraud Lawyer

“Securities fraud” is also a broad term. It covers practices in commodities or stock markets that cause investors to buy or sell securities based on false information. Securities fraud frequently results in losses on the part of the investor. Offering exceptionally risky investments to naive investors is perhaps the most prevalent type of securities fraud, but it is far from the only type. Securities fraud also includes embezzlement by stockbrokers, misstatements on company financial reports, stock manipulation, and lying to auditors. If you believe you have been the victim of securities fraud, you should speak up. Contact a Broward County securities fraud lawyer promptly.

Business Litigation Is Rarely Simple

Even the most straightforward sounding business dispute is rarely simple. Trying to work things out for yourself generally doesn’t work. Don’t feel that contacting a business litigation attorney is “throwing good money after bad.” Working with a business litigation attorney can not only help you maximize your chances of righting a wrong, if a party to the dispute is found to have engaged in criminal activities, you could be key in punishing that criminal activity and you could save others from falling victim to dishonest, deceptive, or fraudulent practices.

Common Reasons for Business Litigation

While breach of contract and securities fraud are two of the most common reasons for business litigation, here are some other common reasons:

?? Debt collection

?? Enforcement of judgments

?? Disputes among partners

?? Franchising conflicts

?? Real estate disputes

?? Unfair trade practices

Your Broward County business attorney should have experience dealing with these problems, as well as resolution practices including negotiation, arbitration, and mediation. But he or she should be willing to file suit if other resolution methods don’t work.

Why Trial Experience Is Critical

The fact is, when it comes to recovery for business disputes, trial lawyers are often able to get better settlements for their clients. Business attorneys who aren’t experienced in the courtroom have a distinct disadvantage compared to those who do. Trial expertise is important to success in business disputes, along with your lawyer’s ability to perform the necessary research on the facts and the points of law that pertain to it. Successful trial lawyers have experience presenting evidence persuasively, and this is often the key to a successful outcome in court. If you find yourself in a business dispute, contact a Broward County business lawyer who has skill and experience in the courtroom to maximize your chances of prevailing.…

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Personal Injury Advice Everyone Should Know About

What should you do when filing a personal injury suit against another person? The very thought of it can be extremely confusing and overwhelming. You don’t have to worry about this, though. Throughout the article below, you will learn about a lot of great tips you should use in the event of a personal injury. Use the tips here to help you prevail.

It is important to make your accident report as detailed as possible. Explain every physical problem, be it a cut or a broken arm. Remember to include the issues that arise later on. You also need to think about anything that has to do with the mental side of things.

Look into how big the firm is prior to employing them. If your suit is a large one, it is sometimes beneficial to have a larger firm helping you out. If you only have a small case, then a single lawyer will do just fine.

For a personal injury case, only hire lawyers who are experienced in personal injury! While this may appear obvious, many people think all lawyers are the same. However, all lawyers are not created equally. It is crucial that you find one who is knowledgeable about personal injury law and has actual experience in dealing with it. Using a lawyer that does not specialize in personal injury can lead to a defeat.

You must be aware of the guilty party’s policies if you are attending to an injury claim by yourself. You just might even make a claim against multiple policies. If you aren’t able to get this information, you may have to get an affidavit.

Don’t be a procrastinator. If you wait too long, it may be too late. Talk to a lawyer right away.

Bring all your documents when you are going to your consultation meetings with various lawyers. This may include insurance company correspondence, police reports, medical records and bills. This paperwork will be helpful in making your case clear to prospective personal injury attorneys.

Many people experience back pain regularly. If your back hurts, you could use an ice pack or a heating pad for relief. Make sure not to strain it anymore and cause further damages. Medicines such as ibuprofen may also help ease the pain.

Just because you hire a lawyer doesn’t mean you should prepare for a quick and easy payday. It takes patience to get through this lengthy process. It can even be years, especially if you reside in a large urban area. Know this up front so you aren’t surprised down the road.

Ask any prospective lawyer if he has experiences with cases like yours. This is a simple way to figure out if they’re right or not. If they are not experienced in your particular type of case, you should consider another attorney.

This article is here to help you come out victorious in your personal injury lawsuit. This means that you should use what was presented above to help you achieve your goals. Read through them carefully, take what you need and leave the rest. If you do that, you are going to find that your suit goes much more easily in your favor.…