Rinehart, Butler, Hodge, Moss & Bryant P.L.C.Attorneys At Law

“separate property” in divorce may become marital

“separate property” in divorce may become marital

Ken Hodge has written an article outlining how separate property, i.e., property owned by one spouse prior to the marriage, can be treated by the Court as marital property to the extent that it increased in value during the marriage. (Read the article here)This is an aspect of Virginia divorce law that many clients find surprising and confounding. It is an extremely complex and sometimes controversial aspect of Virginia divorce law, and your comments on the article are welcome.

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Is child custody law in Virginia unfair to fathers?

Posted on November 8, 2018 by Ken Hodge in Child Custody and Visitation

Virginia Code Section 20-124.2(B) provides: “ “In determining custody, the court shall give primary consideration to the best interests of the child. The court shall assure minor children of frequent and continuing contact with both parents, when appropriate, and encourage parents to share in the responsibilities of rearing their children. As between the parents, there Read Article.

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benefits of settling child custody cases outside of court

Posted on November 8, 2018 by Ken Hodge in Child Custody and Visitation

Some people think it strange to hear an attorney talk about the benefits of staying out of court. But in child custody and visitation cases, it is absolutely essential that the client consider the risks and costs associated with litigation, and also the possible benefits of resolving the case by agreement. Please see Ken Hodge’s Read Article.

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Change to Military Retirement Division Has Major Impact in Virginia Divorces

In 2017, the National Defense Authorization Act (NDAA) brought about major changes in how military retirement benefits are divided in Virginia divorce. Prior to the enactment of this law, state courts were not required by the federal government to follow a particular methodology in dividing a servicemember’s military retirement. The typical method of dividing military […]

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