IN THIS ISSUE
PAGE 1
“Gray” Divorce
on the Rise
PAGE 2
Assets:
Yours, Mine or Ours?
Military Divorce In
Virginia While Overseas!
Life Changes for
Domestic Partners
PAGE 3
Lori’s Legislative
Highlights
PAGE 4
Ginger Glazed
Mahi Mahi
PAGE 5
What’s Happening in
Virginia Beach, VA
Summer 2015
CONNECT ONLINE
“Gray” Divorce on the Rise
Although overall U.S. divorce rateshave slowed in recent years, one group shows an increase – senior citizens. “Gray” divorce for those 60 and over is on the rise as older adults reevaluate their relationships. Senior-specific life events like retirement, becoming empty-nesters, or the illness of one of the spouses can take their toll on marriages. With people generally living longer, a discontented couple in their 60’s may still have 20 plus active years ahead! There are some serious concerns specific to this group:
Financial – divorcing later in life means that there is less time to recover financially. Since women generally still earn less than men and live longer, they tend to be at greater economic risk. Splitting fixed income sources like pensions, annuities, and savings, may not be enough even with social security benefits to continue comfortable lifestyles – including supporting two homes instead of one.
Caregiving – when a partner needs special medical or other care, it can take a financial toll on the couple. Adult children may not be able or willing to perform caregiver duties, and stepchildren may be even more reluctant. Men may be at greater risk, because they typically haven’t built the same kind of social network as women. Some couples may choose to divorce to preserve assets, whether for the future care of the “well” spouse, or to leave something to their children, rather than expend all resources for the medical or other needs of one spouse.
Social – it’s not unusual to become alienated from friends made as a couple. Friends and acquaintances may take one side or the other with the result of alienation from your social group. Often, with no unkind intentions, couples tend to exclude single adults from social events.
Build a Divorce Support Team
You’ve worked for years building your marriage with its assets and complexities – it takes careful planning to take it apart. You’ll need a team of experts to help you achieve the most positive outcome possible.
Divorce Attorney – recruit an experienced family law attorney to navigate through this complex legal process. Our firm has extensive experience in divorce including senior citizens. We will develop a plan and strategy unique to your circumstances and ensure that you receive what you deserve from the final settle-ment.
Financial Planner – seek out a certified Divorce Financial Planner for the best expertise in financial planning and asset protection.
Therapist – for your own physical and mental health, find a qualified therapist or counselor to help you through what may be an extremely emotional and stressful experience.
LEGAL NEWS YOU CAN USE
Assets: Yours, Mine or Ours?
(Take this Quiz to Test Your Knowledge)
Think those assets are yours? Not so fast. Virginia’s complex equitable distribution system make it almost impossible for couples to determine whether assets are yours, mine or ours – without the help of knowledgeable counsel. Courts must decide if property is Marital, Separate – or if some part of the asset falls in both categories, known as Hybrid property – and apportion the value between the divorcing spouses. This analysis requires careful tracing of source of funds, contributions to payments, contributions to the value of the asset, and even the
intentions of the parties at the time of comingling. What about your assets? Are they Marital? Separate? Or Hybrid? Take this Quiz to test your knowledge!
1. The Marital Residence is titled in both names. Marital, Separate or Hybrid? Read answer on page 4 2. The parties have been married for nine years, and Husband has been a military service member and earned credit towards a military pension for the last eight of those years. Marital, Separate or Hybrid? Read answer on page 4
3. Husband’s little red sports car was purchased outright by taking a home equity loan after the couple had paid off all college expenses for both of their children. Marital, Separate or Hybrid?
Read answer on page 4
4. When her parents passed away, Wife inherited their vacation house on Lake Gaston. Over the next three years, the couple completely renovated the house using joint income tax refunds, current income, Husband’s carpentry skills, Wife’s keen design sense, and rental income from a winter tenant. Marital, Separate or Hybrid? Read answer on page 4
5. Husband held stock in his family business since he was a teenager, but hadn’t worked for the business since high school. Marital, Separate or Hybrid? Read answer on page 4
6. Wife always hated the heirloom diamond broche that Husband’s mother had given her as a wedding gift, until she had it re-made into a fabulous necklace she designed herself after her mother-in-law passed away. Marital, Separate or Hybrid? Read answer on page 4
As you can see, this issue is complex. The best time to seriously consider these issues is before divorce papers are served. Let the Law Office of Lori A. Michaud help!
Military Divorce In Virginia While Overseas!
One of the biggest issues our military service members face is that they are frequently required to be out of the area for prolonged periods of time. This interferes with their access to the courts because legal matters can be cumbersome and protracted. Divorce does not have to be cumbersome or protracted, and it is not necessary for parties to personally appear in court to have their divorce entered. If you are seeking a divorce, consult an experienced divorce lawyer to determine how your divorce can be granted without you needing to use your valuable leave time for this purpose.Life Changes for Domestic Partners
For couples who are domestic partners, it’s important to rememberthat certain life changes may necessitate action to preserve the rights of each partner. These life changes include but are not limited to: • Entering into a domestic partnership
• Birth or adoption of a child • Ending the partnership • Death of a partner
.....continued on page 3
....continued from page 2
Life Changes for Domestic....
Many employers recognize domestic partnerships for benefits. Proof of the partnership is required for registration or for any life changes. Each entity has its own requirements, but generally the partners must have lived together in a committed relationship for a minimum period of time, not be already married and must be responsible for living expenses.
Consider the following for any domestic partner life change:
Benefits. Notify the benefit plan administrator of a life change to trigger eligibility for or cessation of participa-tion in certain benefit plans like health, dental and life insurance.
Beneficiaries. Remember to change beneficiary designations. Employer plans like 401(k)s and life insur -ance require beneficiaries. Don’t forget other assets like IRAs and savings accounts.
Child Custody. If the domestic partnership ends, custody arrangements and visitation arrangements must be made for any minor children. Consult an experienced attorney who can negotiate the best arrangement for the child.
Wills. Update your will to add a domestic partner or child, or delete a partner in the event of death or if the partnership ends.
The Law Office of Lori A. Michaud, P.C. has extensive experience in working through the legal aspects of domestic partner life changes and will put that expertise to work for you and your family.
---If you are involved in a divorce, child custody, domestic violence or DUI issue, it’s important to get an attorney experienced in these types of cases involved immediately. Call 757-395-4017 for your initial free consultation. The Law Office of Lori A. Michaud, P.C., family law attorney in Virginia, can help you get the best outcome for your family law case.
Lori’s Legislative Highlights
The Virginia Legislature has been busyconsidering and enacting new laws that will impact the personal lives of many Virginia citizens. Although it considered many bills on many topics, it appears that the legisla-ture was particularly concerned about support issues this year. Here are a few highlights of the new laws that become effective in July, 2015:
• Connor’s Law – which permits child support to be awarded for a child over the age of 18 who is severely or permanently disabled before reaching the age of majority -- has been clarified in several key ways, and also expand-
ed to permit an individual that was denied child support for a disabled child that fit the requirements of Connor’s Law prior to July 1, 2015 based upon issues that the amendments clarified to re-petition the Court for support of the disabled child;
• Jurisdiction for Family Support under the Uniform Interstate Family Support Act has been amended to recognize family support orders from foreign countries under certain circumstances;
• Virginia Statute on Jurisdiction has been amended to permit jurisdiction to be exercised over an individual who has engaged in sexual intercourse in Virginia and “may” have conceived the child in need of support by the act of intercourse, as well as over an individual who is registered on the putative father registry;
.....continued on page 4
....continued from page 3
Lori’s Legislative Highlights
• The procedure by which the Division of Child Support Enforcement pro rates support funds it receives when the obligor has multiple orders has been clarified;
• Amendments were also made to the technical requirements for divorce by affidavit(s) and when such a divorce can be permitted; and
• Amendments were made to permit the issuance of marriage certificates to a “spouse, bride or groom” to address issuance to same sex couples.
If you think that these statutory changes may affect you and your family, make an appointment to review your situation with us at your convenience!
Ginger Glazed Mahi Mahi
Serving up a healthy savory dish for a special treatIngredients:
• 3 tablespoons honey
• 3 tablespoons soy sauce
• 3 tablespoons balsamic vinegar
• 1 teaspoon grated fresh ginger root
• 1 clove garlic, crushed or to taste
• 2 teaspoons olive oil
• 4 (6 ounce) mahi mahi fillets
• salt and pepper to taste
Directions:
1. In a shallow glass dish, stir together the honey, soy sauce, balsamic vinegar, ginger, garlic and olive oil. Season fish fillets with salt and pepper, and place them into the dish. If the fillets have skin on them, place them skin side down. Cover, and refrigerate for 20 minutes to marinate.
2. Heat vegetable oil in a large skillet over medium-high heat. Remove fish from the dish, and reserve marinade. Fry fish for 4 to 6 minutes on each side, turning only once, until fish flakes easily with a fork. Remove fillets to a serving platter and keep warm.
3. Pour reserved marinade into the skillet, heat over medium heat until the mixture reduces to a glaze consistency. Spoon glaze over fish, serve immediately.
Recipe courtesy of allrecipes.com
Answer Key:
1 – It depends on the source of funds, when the house was purchased, when it was titled, and the intent of the parties at the time it was titled. It could be Marital, Separate, or Hybrid!
2 – The portion earned during the marriage will be considered Marital. 3 – The portion earned during the marriage will be considered Marital.
4 – Inherited property would be Separate unless comingled with marital assets – like the joint tax refund, the sweat equity, and possibly the rental income, in which case it would be Hybrid.
5 – Most likely Separate – unless the parties married before husband received the stock and he or they made a substantial contribution to the value of the business after the marriage.
6 – It depends, because although the broche was a third party gift, which would be Separate, wife’s re-de-sign efforts and the funds used to have the broche re-made may have been Marital.
“Gray” Divorce on the Rise
Although overall U.S. divorce rateshave slowed in recent years, one group shows an increase – senior citizens. “Gray” divorce for those 60 and over is on the rise as older adults reevaluate their relationships. Senior-specific life events like retirement, becoming empty-nesters, or the illness of one of the spouses can take their toll on marriages. With people generally living longer, a discontented couple in their 60’s may still have 20 plus active years ahead! There are some serious concerns specific to this group:
Financial – divorcing later in life means that there is less time to recover financially. Since women generally still earn less than men and live longer, they tend to be at greater economic risk. Splitting fixed income sources like pensions, annuities, and savings, may not be enough even with social security benefits to continue comfortable lifestyles – including supporting two homes instead of one.
Caregiving – when a partner needs special medical or other care, it can take a financial toll on the couple. Adult children may not be able or willing to perform caregiver duties, and stepchildren may be even more reluctant. Men may be at greater risk, because they typically haven’t built the same kind of social network as women. Some couples may choose to divorce to preserve assets, whether for the future care of the “well” spouse, or to leave something to their children, rather than expend all resources for the medical or other needs of one spouse.
Social – it’s not unusual to become alienated from friends made as a couple. Friends and acquaintances may take one side or the other with the result of alienation from your social group. Often, with no unkind intentions, couples tend to exclude single adults from social events.
Build a Divorce Support Team
You’ve worked for years building your marriage with its assets and complexities – it takes careful planning to take it apart. You’ll need a team of experts to help you achieve the most positive outcome possible.
Divorce Attorney – recruit an experienced family law attorney to navigate through this complex legal process. Our firm has extensive experience in divorce including senior citizens. We will develop a plan and strategy unique to your circumstances and ensure that you receive what you deserve from the final settle-ment.
Financial Planner – seek out a certified Divorce Financial Planner for the best expertise in financial planning and asset protection.
Therapist – for your own physical and mental health, find a qualified therapist or counselor to help you through what may be an extremely emotional and stressful experience.
Assets: Yours, Mine or Ours?
(Take this Quiz to Test Your Knowledge)
Think those assets are yours? Not so fast. Virginia’s complex equitable distribution system make it almost impossible for couples to determine whether assets are yours, mine or ours – without the help of knowledgeable counsel. Courts must decide if property is Marital, Separate – or if some part of the asset falls in both categories, known as Hybrid property – and apportion the value between the divorcing spouses. This analysis requires careful tracing of source of funds, contributions to payments, contributions to the value of the asset, and even the
intentions of the parties at the time of comingling. What about your assets? Are they Marital? Separate? Or Hybrid? Take this Quiz to test your knowledge!
1. The Marital Residence is titled in both names. Marital, Separate or Hybrid? Read answer on page 4 2. The parties have been married for nine years, and Husband has been a military service member and earned credit towards a military pension for the last eight of those years. Marital, Separate or Hybrid? Read answer on page 4
3. Husband’s little red sports car was purchased outright by taking a home equity loan after the couple had paid off all college expenses for both of their children. Marital, Separate or Hybrid?
Read answer on page 4
4. When her parents passed away, Wife inherited their vacation house on Lake Gaston. Over the next three years, the couple completely renovated the house using joint income tax refunds, current income, Husband’s carpentry skills, Wife’s keen design sense, and rental income from a winter tenant. Marital, Separate or Hybrid? Read answer on page 4
5. Husband held stock in his family business since he was a teenager, but hadn’t worked for the business since high school. Marital, Separate or Hybrid? Read answer on page 4
6. Wife always hated the heirloom diamond broche that Husband’s mother had given her as a wedding gift, until she had it re-made into a fabulous necklace she designed herself after her mother-in-law passed away. Marital, Separate or Hybrid? Read answer on page 4
As you can see, this issue is complex. The best time to seriously consider these issues is before divorce papers are served. Let the Law Office of Lori A. Michaud help!
Military Divorce In Virginia While Overseas!
One of the biggest issues our military service members face is that they are frequently required to be out of the area for prolonged periods of time. This interferes with their access to the courts because legal matters can be cumbersome and protracted. Divorce does not have to be cumbersome or protracted, and it is not necessary for parties to personally appear in court to have their divorce entered. If you are seeking a divorce, consult an experienced divorce lawyer to determine how your divorce can be granted without you needing to use your valuable leave time for this purpose.Life Changes for Domestic Partners
For couples who are domestic partners, it’s important to rememberthat certain life changes may necessitate action to preserve the rights of each partner. These life changes include but are not limited to: • Entering into a domestic partnership
• Birth or adoption of a child • Ending the partnership • Death of a partner
.....continued on page 3
....continued from page 2
Life Changes for Domestic....
Many employers recognize domestic partnerships for benefits. Proof of the partnership is required for registration or for any life changes. Each entity has its own requirements, but generally the partners must have lived together in a committed relationship for a minimum period of time, not be already married and must be responsible for living expenses.
Consider the following for any domestic partner life change:
Benefits. Notify the benefit plan administrator of a life change to trigger eligibility for or cessation of participa-tion in certain benefit plans like health, dental and life insurance.
Beneficiaries. Remember to change beneficiary designations. Employer plans like 401(k)s and life insur -ance require beneficiaries. Don’t forget other assets like IRAs and savings accounts.
Child Custody. If the domestic partnership ends, custody arrangements and visitation arrangements must be made for any minor children. Consult an experienced attorney who can negotiate the best arrangement for the child.
Wills. Update your will to add a domestic partner or child, or delete a partner in the event of death or if the partnership ends.
The Law Office of Lori A. Michaud, P.C. has extensive experience in working through the legal aspects of domestic partner life changes and will put that expertise to work for you and your family.
---If you are involved in a divorce, child custody, domestic violence or DUI issue, it’s important to get an attorney experienced in these types of cases involved immediately. Call 757-395-4017 for your initial free consultation. The Law Office of Lori A. Michaud, P.C., family law attorney in Virginia, can help you get the best outcome for your family law case.
Lori’s Legislative Highlights
The Virginia Legislature has been busyconsidering and enacting new laws that will impact the personal lives of many Virginia citizens. Although it considered many bills on many topics, it appears that the legisla-ture was particularly concerned about support issues this year. Here are a few highlights of the new laws that become effective in July, 2015:
• Connor’s Law – which permits child support to be awarded for a child over the age of 18 who is severely or permanently disabled before reaching the age of majority -- has been clarified in several key ways, and also expand-
ed to permit an individual that was denied child support for a disabled child that fit the requirements of Connor’s Law prior to July 1, 2015 based upon issues that the amendments clarified to re-petition the Court for support of the disabled child;
• Jurisdiction for Family Support under the Uniform Interstate Family Support Act has been amended to recognize family support orders from foreign countries under certain circumstances;
• Virginia Statute on Jurisdiction has been amended to permit jurisdiction to be exercised over an individual who has engaged in sexual intercourse in Virginia and “may” have conceived the child in need of support by the act of intercourse, as well as over an individual who is registered on the putative father registry;
.....continued on page 4
....continued from page 3
Lori’s Legislative Highlights
• The procedure by which the Division of Child Support Enforcement pro rates support funds it receives when the obligor has multiple orders has been clarified;
• Amendments were also made to the technical requirements for divorce by affidavit(s) and when such a divorce can be permitted; and
• Amendments were made to permit the issuance of marriage certificates to a “spouse, bride or groom” to address issuance to same sex couples.
If you think that these statutory changes may affect you and your family, make an appointment to review your situation with us at your convenience!
Ginger Glazed Mahi Mahi
Serving up a healthy savory dish for a special treatIngredients:
• 3 tablespoons honey
• 3 tablespoons soy sauce
• 3 tablespoons balsamic vinegar
• 1 teaspoon grated fresh ginger root
• 1 clove garlic, crushed or to taste
• 2 teaspoons olive oil
• 4 (6 ounce) mahi mahi fillets
• salt and pepper to taste
Directions:
1. In a shallow glass dish, stir together the honey, soy sauce, balsamic vinegar, ginger, garlic and olive oil. Season fish fillets with salt and pepper, and place them into the dish. If the fillets have skin on them, place them skin side down. Cover, and refrigerate for 20 minutes to marinate.
2. Heat vegetable oil in a large skillet over medium-high heat. Remove fish from the dish, and reserve marinade. Fry fish for 4 to 6 minutes on each side, turning only once, until fish flakes easily with a fork. Remove fillets to a serving platter and keep warm.
3. Pour reserved marinade into the skillet, heat over medium heat until the mixture reduces to a glaze consistency. Spoon glaze over fish, serve immediately.
Recipe courtesy of allrecipes.com
Answer Key:
1 – It depends on the source of funds, when the house was purchased, when it was titled, and the intent of the parties at the time it was titled. It could be Marital, Separate, or Hybrid!
2 – The portion earned during the marriage will be considered Marital. 3 – The portion earned during the marriage will be considered Marital.
4 – Inherited property would be Separate unless comingled with marital assets – like the joint tax refund, the sweat equity, and possibly the rental income, in which case it would be Hybrid.
5 – Most likely Separate – unless the parties married before husband received the stock and he or they made a substantial contribution to the value of the business after the marriage.
6 – It depends, because although the broche was a third party gift, which would be Separate, wife’s re-de-sign efforts and the funds used to have the broche re-made may have been Marital.
LEGAL NEWS YOU CAN USE
Law Offices of Lori A. Michaud, P.C.
501 S. Independence Blvd., Ste. 100, Virginia Beach.
Virginia 23452 Phone: 757-395-4017 www.familylawyerva.com
IN THIS ISSUE
PAGE 1
“Gray” Divorce
on the Rise
PAGE 2
Assets:
Yours, Mine or Ours?
Military Divorce In
Virginia While Overseas!
Life Changes for
Domestic Partners
PAGE 3
Lori’s Legislative
Highlights
PAGE 4
Ginger Glazed
Mahi Mahi
PAGE 5
What’s Happening in
Virginia Beach, VA
CONNECT ONLINE
“Gray” Divorce on the Rise
Although overall U.S. divorce rateshave slowed in recent years, one group shows an increase – senior citizens. “Gray” divorce for those 60 and over is on the rise as older adults reevaluate their relationships. Senior-specific life events like retirement, becoming empty-nesters, or the illness of one of the spouses can take their toll on marriages. With people generally living longer, a discontented couple in their 60’s may still have 20 plus active years ahead! There are some serious concerns specific to this group:
Financial – divorcing later in life means that there is less time to recover financially. Since women generally still earn less than men and live longer, they tend to be at greater economic risk. Splitting fixed income sources like pensions, annuities, and savings, may not be enough even with social security benefits to continue comfortable lifestyles – including supporting two homes instead of one.
Caregiving – when a partner needs special medical or other care, it can take a financial toll on the couple. Adult children may not be able or willing to perform caregiver duties, and stepchildren may be even more reluctant. Men may be at greater risk, because they typically haven’t built the same kind of social network as women. Some couples may choose to divorce to preserve assets, whether for the future care of the “well” spouse, or to leave something to their children, rather than expend all resources for the medical or other needs of one spouse.
Social – it’s not unusual to become alienated from friends made as a couple. Friends and acquaintances may take one side or the other with the result of alienation from your social group. Often, with no unkind intentions, couples tend to exclude single adults from social events.
Build a Divorce Support Team
You’ve worked for years building your marriage with its assets and complexities – it takes careful planning to take it apart. You’ll need a team of experts to help you achieve the most positive outcome possible.
Divorce Attorney – recruit an experienced family law attorney to navigate through this complex legal process. Our firm has extensive experience in divorce including senior citizens. We will develop a plan and strategy unique to your circumstances and ensure that you receive what you deserve from the final settle-ment.
Financial Planner – seek out a certified Divorce Financial Planner for the best expertise in financial planning and asset protection.
Therapist – for your own physical and mental health, find a qualified therapist or counselor to help you through what may be an extremely emotional and stressful experience.
Assets: Yours, Mine or Ours?
(Take this Quiz to Test Your Knowledge)
Think those assets are yours? Not so fast. Virginia’s complex equitable distribution system make it almost impossible for couples to determine whether assets are yours, mine or ours – without the help of knowledgeable counsel. Courts must decide if property is Marital, Separate – or if some part of the asset falls in both categories, known as Hybrid property – and apportion the value between the divorcing spouses. This analysis requires careful tracing of source of funds, contributions to payments, contributions to the value of the asset, and even the
intentions of the parties at the time of comingling. What about your assets? Are they Marital? Separate? Or Hybrid? Take this Quiz to test your knowledge!
1. The Marital Residence is titled in both names. Marital, Separate or Hybrid? Read answer on page 4 2. The parties have been married for nine years, and Husband has been a military service member and earned credit towards a military pension for the last eight of those years. Marital, Separate or Hybrid? Read answer on page 4
3. Husband’s little red sports car was purchased outright by taking a home equity loan after the couple had paid off all college expenses for both of their children. Marital, Separate or Hybrid?
Read answer on page 4
4. When her parents passed away, Wife inherited their vacation house on Lake Gaston. Over the next three years, the couple completely renovated the house using joint income tax refunds, current income, Husband’s carpentry skills, Wife’s keen design sense, and rental income from a winter tenant. Marital, Separate or Hybrid? Read answer on page 4
5. Husband held stock in his family business since he was a teenager, but hadn’t worked for the business since high school. Marital, Separate or Hybrid? Read answer on page 4
6. Wife always hated the heirloom diamond broche that Husband’s mother had given her as a wedding gift, until she had it re-made into a fabulous necklace she designed herself after her mother-in-law passed away. Marital, Separate or Hybrid? Read answer on page 4
As you can see, this issue is complex. The best time to seriously consider these issues is before divorce papers are served. Let the Law Office of Lori A. Michaud help!
Military Divorce In Virginia While Overseas!
One of the biggest issues our military service members face is that they are frequently required to be out of the area for prolonged periods of time. This interferes with their access to the courts because legal matters can be cumbersome and protracted. Divorce does not have to be cumbersome or protracted, and it is not necessary for parties to personally appear in court to have their divorce entered. If you are seeking a divorce, consult an experienced divorce lawyer to determine how your divorce can be granted without you needing to use your valuable leave time for this purpose.Life Changes for Domestic Partners
For couples who are domestic partners, it’s important to rememberthat certain life changes may necessitate action to preserve the rights of each partner. These life changes include but are not limited to: • Entering into a domestic partnership
• Birth or adoption of a child • Ending the partnership • Death of a partner
.....continued on page 3
....continued from page 2
Life Changes for Domestic....
Many employers recognize domestic partnerships for benefits. Proof of the partnership is required for registration or for any life changes. Each entity has its own requirements, but generally the partners must have lived together in a committed relationship for a minimum period of time, not be already married and must be responsible for living expenses.
Consider the following for any domestic partner life change:
Benefits. Notify the benefit plan administrator of a life change to trigger eligibility for or cessation of participa-tion in certain benefit plans like health, dental and life insurance.
Beneficiaries. Remember to change beneficiary designations. Employer plans like 401(k)s and life insur -ance require beneficiaries. Don’t forget other assets like IRAs and savings accounts.
Child Custody. If the domestic partnership ends, custody arrangements and visitation arrangements must be made for any minor children. Consult an experienced attorney who can negotiate the best arrangement for the child.
Wills. Update your will to add a domestic partner or child, or delete a partner in the event of death or if the partnership ends.
The Law Office of Lori A. Michaud, P.C. has extensive experience in working through the legal aspects of domestic partner life changes and will put that expertise to work for you and your family.
---If you are involved in a divorce, child custody, domestic violence or DUI issue, it’s important to get an attorney experienced in these types of cases involved immediately. Call 757-395-4017 for your initial free consultation. The Law Office of Lori A. Michaud, P.C., family law attorney in Virginia, can help you get the best outcome for your family law case.
Lori’s Legislative Highlights
The Virginia Legislature has been busyconsidering and enacting new laws that will impact the personal lives of many Virginia citizens. Although it considered many bills on many topics, it appears that the legisla-ture was particularly concerned about support issues this year. Here are a few highlights of the new laws that become effective in July, 2015:
• Connor’s Law – which permits child support to be awarded for a child over the age of 18 who is severely or permanently disabled before reaching the age of majority -- has been clarified in several key ways, and also expand-
ed to permit an individual that was denied child support for a disabled child that fit the requirements of Connor’s Law prior to July 1, 2015 based upon issues that the amendments clarified to re-petition the Court for support of the disabled child;
• Jurisdiction for Family Support under the Uniform Interstate Family Support Act has been amended to recognize family support orders from foreign countries under certain circumstances;
• Virginia Statute on Jurisdiction has been amended to permit jurisdiction to be exercised over an individual who has engaged in sexual intercourse in Virginia and “may” have conceived the child in need of support by the act of intercourse, as well as over an individual who is registered on the putative father registry;
.....continued on page 4
....continued from page 3
Lori’s Legislative Highlights
• The procedure by which the Division of Child Support Enforcement pro rates support funds it receives when the obligor has multiple orders has been clarified;
• Amendments were also made to the technical requirements for divorce by affidavit(s) and when such a divorce can be permitted; and
• Amendments were made to permit the issuance of marriage certificates to a “spouse, bride or groom” to address issuance to same sex couples.
If you think that these statutory changes may affect you and your family, make an appointment to review your situation with us at your convenience!
Ginger Glazed Mahi Mahi
Serving up a healthy savory dish for a special treatIngredients:
• 3 tablespoons honey
• 3 tablespoons soy sauce
• 3 tablespoons balsamic vinegar
• 1 teaspoon grated fresh ginger root
• 1 clove garlic, crushed or to taste
• 2 teaspoons olive oil
• 4 (6 ounce) mahi mahi fillets
• salt and pepper to taste
Directions:
1. In a shallow glass dish, stir together the honey, soy sauce, balsamic vinegar, ginger, garlic and olive oil. Season fish fillets with salt and pepper, and place them into the dish. If the fillets have skin on them, place them skin side down. Cover, and refrigerate for 20 minutes to marinate.
2. Heat vegetable oil in a large skillet over medium-high heat. Remove fish from the dish, and reserve marinade. Fry fish for 4 to 6 minutes on each side, turning only once, until fish flakes easily with a fork. Remove fillets to a serving platter and keep warm.
3. Pour reserved marinade into the skillet, heat over medium heat until the mixture reduces to a glaze consistency. Spoon glaze over fish, serve immediately.
Recipe courtesy of allrecipes.com
Answer Key:
1 – It depends on the source of funds, when the house was purchased, when it was titled, and the intent of the parties at the time it was titled. It could be Marital, Separate, or Hybrid!
2 – The portion earned during the marriage will be considered Marital. 3 – The portion earned during the marriage will be considered Marital.
4 – Inherited property would be Separate unless comingled with marital assets – like the joint tax refund, the sweat equity, and possibly the rental income, in which case it would be Hybrid.
5 – Most likely Separate – unless the parties married before husband received the stock and he or they made a substantial contribution to the value of the business after the marriage.
6 – It depends, because although the broche was a third party gift, which would be Separate, wife’s re-de-sign efforts and the funds used to have the broche re-made may have been Marital.
LEGAL NEWS YOU CAN USE
Law Offices of Lori A. Michaud, P.C.
501 S. Independence Blvd., Ste. 100, Virginia Beach.
Virginia 23452 Phone: 757-395-4017 www.familylawyerva.com
IN THIS ISSUE
PAGE 1
“Gray” Divorce
on the Rise
PAGE 2
Assets:
Yours, Mine or Ours?
Military Divorce In
Virginia While Overseas!
Life Changes for
Domestic Partners
PAGE 3
Lori’s Legislative
Highlights
PAGE 4
Ginger Glazed
Mahi Mahi
PAGE 5
What’s Happening in
Virginia Beach, VA
CONNECT ONLINE
“Gray” Divorce on the Rise
Although overall U.S. divorce rateshave slowed in recent years, one group shows an increase – senior citizens. “Gray” divorce for those 60 and over is on the rise as older adults reevaluate their relationships. Senior-specific life events like retirement, becoming empty-nesters, or the illness of one of the spouses can take their toll on marriages. With people generally living longer, a discontented couple in their 60’s may still have 20 plus active years ahead! There are some serious concerns specific to this group:
Financial – divorcing later in life means that there is less time to recover financially. Since women generally still earn less than men and live longer, they tend to be at greater economic risk. Splitting fixed income sources like pensions, annuities, and savings, may not be enough even with social security benefits to continue comfortable lifestyles – including supporting two homes instead of one.
Caregiving – when a partner needs special medical or other care, it can take a financial toll on the couple. Adult children may not be able or willing to perform caregiver duties, and stepchildren may be even more reluctant. Men may be at greater risk, because they typically haven’t built the same kind of social network as women. Some couples may choose to divorce to preserve assets, whether for the future care of the “well” spouse, or to leave something to their children, rather than expend all resources for the medical or other needs of one spouse.
Social – it’s not unusual to become alienated from friends made as a couple. Friends and acquaintances may take one side or the other with the result of alienation from your social group. Often, with no unkind intentions, couples tend to exclude single adults from social events.
Build a Divorce Support Team
You’ve worked for years building your marriage with its assets and complexities – it takes careful planning to take it apart. You’ll need a team of experts to help you achieve the most positive outcome possible.
Divorce Attorney – recruit an experienced family law attorney to navigate through this complex legal process. Our firm has extensive experience in divorce including senior citizens. We will develop a plan and strategy unique to your circumstances and ensure that you receive what you deserve from the final settle-ment.
Financial Planner – seek out a certified Divorce Financial Planner for the best expertise in financial planning and asset protection.
Therapist – for your own physical and mental health, find a qualified therapist or counselor to help you through what may be an extremely emotional and stressful experience.
Assets: Yours, Mine or Ours?
(Take this Quiz to Test Your Knowledge)
Think those assets are yours? Not so fast. Virginia’s complex equitable distribution system make it almost impossible for couples to determine whether assets are yours, mine or ours – without the help of knowledgeable counsel. Courts must decide if property is Marital, Separate – or if some part of the asset falls in both categories, known as Hybrid property – and apportion the value between the divorcing spouses. This analysis requires careful tracing of source of funds, contributions to payments, contributions to the value of the asset, and even the
intentions of the parties at the time of comingling. What about your assets? Are they Marital? Separate? Or Hybrid? Take this Quiz to test your knowledge!
1. The Marital Residence is titled in both names. Marital, Separate or Hybrid? Read answer on page 4 2. The parties have been married for nine years, and Husband has been a military service member and earned credit towards a military pension for the last eight of those years. Marital, Separate or Hybrid? Read answer on page 4
3. Husband’s little red sports car was purchased outright by taking a home equity loan after the couple had paid off all college expenses for both of their children. Marital, Separate or Hybrid?
Read answer on page 4
4. When her parents passed away, Wife inherited their vacation house on Lake Gaston. Over the next three years, the couple completely renovated the house using joint income tax refunds, current income, Husband’s carpentry skills, Wife’s keen design sense, and rental income from a winter tenant. Marital, Separate or Hybrid? Read answer on page 4
5. Husband held stock in his family business since he was a teenager, but hadn’t worked for the business since high school. Marital, Separate or Hybrid? Read answer on page 4
6. Wife always hated the heirloom diamond broche that Husband’s mother had given her as a wedding gift, until she had it re-made into a fabulous necklace she designed herself after her mother-in-law passed away. Marital, Separate or Hybrid? Read answer on page 4
As you can see, this issue is complex. The best time to seriously consider these issues is before divorce papers are served. Let the Law Office of Lori A. Michaud help!
Military Divorce In Virginia While Overseas!
One of the biggest issues our military service members face is that they are frequently required to be out of the area for prolonged periods of time. This interferes with their access to the courts because legal matters can be cumbersome and protracted. Divorce does not have to be cumbersome or protracted, and it is not necessary for parties to personally appear in court to have their divorce entered. If you are seeking a divorce, consult an experienced divorce lawyer to determine how your divorce can be granted without you needing to use your valuable leave time for this purpose.Life Changes for Domestic Partners
For couples who are domestic partners, it’s important to rememberthat certain life changes may necessitate action to preserve the rights of each partner. These life changes include but are not limited to: • Entering into a domestic partnership
• Birth or adoption of a child • Ending the partnership • Death of a partner
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Life Changes for Domestic....
Many employers recognize domestic partnerships for benefits. Proof of the partnership is required for registration or for any life changes. Each entity has its own requirements, but generally the partners must have lived together in a committed relationship for a minimum period of time, not be already married and must be responsible for living expenses.
Consider the following for any domestic partner life change:
Benefits. Notify the benefit plan administrator of a life change to trigger eligibility for or cessation of participa-tion in certain benefit plans like health, dental and life insurance.
Beneficiaries. Remember to change beneficiary designations. Employer plans like 401(k)s and life insur -ance require beneficiaries. Don’t forget other assets like IRAs and savings accounts.
Child Custody. If the domestic partnership ends, custody arrangements and visitation arrangements must be made for any minor children. Consult an experienced attorney who can negotiate the best arrangement for the child.
Wills. Update your will to add a domestic partner or child, or delete a partner in the event of death or if the partnership ends.
The Law Office of Lori A. Michaud, P.C. has extensive experience in working through the legal aspects of domestic partner life changes and will put that expertise to work for you and your family.
---If you are involved in a divorce, child custody, domestic violence or DUI issue, it’s important to get an attorney experienced in these types of cases involved immediately. Call 757-395-4017 for your initial free consultation. The Law Office of Lori A. Michaud, P.C., family law attorney in Virginia, can help you get the best outcome for your family law case.
Lori’s Legislative Highlights
The Virginia Legislature has been busyconsidering and enacting new laws that will impact the personal lives of many Virginia citizens. Although it considered many bills on many topics, it appears that the legisla-ture was particularly concerned about support issues this year. Here are a few highlights of the new laws that become effective in July, 2015:
• Connor’s Law – which permits child support to be awarded for a child over the age of 18 who is severely or permanently disabled before reaching the age of majority -- has been clarified in several key ways, and also expand-
ed to permit an individual that was denied child support for a disabled child that fit the requirements of Connor’s Law prior to July 1, 2015 based upon issues that the amendments clarified to re-petition the Court for support of the disabled child;
• Jurisdiction for Family Support under the Uniform Interstate Family Support Act has been amended to recognize family support orders from foreign countries under certain circumstances;
• Virginia Statute on Jurisdiction has been amended to permit jurisdiction to be exercised over an individual who has engaged in sexual intercourse in Virginia and “may” have conceived the child in need of support by the act of intercourse, as well as over an individual who is registered on the putative father registry;
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Lori’s Legislative Highlights
• The procedure by which the Division of Child Support Enforcement pro rates support funds it receives when the obligor has multiple orders has been clarified;
• Amendments were also made to the technical requirements for divorce by affidavit(s) and when such a divorce can be permitted; and
• Amendments were made to permit the issuance of marriage certificates to a “spouse, bride or groom” to address issuance to same sex couples.
If you think that these statutory changes may affect you and your family, make an appointment to review your situation with us at your convenience!
Ginger Glazed Mahi Mahi
Serving up a healthy savory dish for a special treatIngredients:
• 3 tablespoons honey
• 3 tablespoons soy sauce
• 3 tablespoons balsamic vinegar
• 1 teaspoon grated fresh ginger root
• 1 clove garlic, crushed or to taste
• 2 teaspoons olive oil
• 4 (6 ounce) mahi mahi fillets
• salt and pepper to taste
Directions:
1. In a shallow glass dish, stir together the honey, soy sauce, balsamic vinegar, ginger, garlic and olive oil. Season fish fillets with salt and pepper, and place them into the dish. If the fillets have skin on them, place them skin side down. Cover, and refrigerate for 20 minutes to marinate.
2. Heat vegetable oil in a large skillet over medium-high heat. Remove fish from the dish, and reserve marinade. Fry fish for 4 to 6 minutes on each side, turning only once, until fish flakes easily with a fork. Remove fillets to a serving platter and keep warm.
3. Pour reserved marinade into the skillet, heat over medium heat until the mixture reduces to a glaze consistency. Spoon glaze over fish, serve immediately.
Recipe courtesy of allrecipes.com
Answer Key:
1 – It depends on the source of funds, when the house was purchased, when it was titled, and the intent of the parties at the time it was titled. It could be Marital, Separate, or Hybrid!
2 – The portion earned during the marriage will be considered Marital. 3 – The portion earned during the marriage will be considered Marital.
4 – Inherited property would be Separate unless comingled with marital assets – like the joint tax refund, the sweat equity, and possibly the rental income, in which case it would be Hybrid.
5 – Most likely Separate – unless the parties married before husband received the stock and he or they made a substantial contribution to the value of the business after the marriage.
6 – It depends, because although the broche was a third party gift, which would be Separate, wife’s re-de-sign efforts and the funds used to have the broche re-made may have been Marital.
LEGAL NEWS YOU CAN USE
Law Offices of Lori A. Michaud, P.C.
501 S. Independence Blvd., Ste. 100, Virginia Beach.
Virginia 23452 Phone: 757-395-4017 www.familylawyerva.com
IN THIS ISSUE
PAGE 1
“Gray” Divorce
on the Rise
PAGE 2
Assets:
Yours, Mine or Ours?
Military Divorce In
Virginia While Overseas!
Life Changes for
Domestic Partners
PAGE 3
Lori’s Legislative
Highlights
PAGE 4
Ginger Glazed
Mahi Mahi
PAGE 5
What’s Happening in
Virginia Beach, VA
CONNECT ONLINE
What’s Happening in Virginia Beach, VA, in August, 2015
To Sign Up for Our Newsletter, Visit Our Web Site at:
www.familylawyerva.com
Aug. 7 – 9, 2015
VB Antiques Show
1000 19th Street, VB
Aug. 9, 2015
Lady Antebellum: Wheels Up 2015 Tour
Farm Bureau Live at VB
Aug. 9, 2015
Spartyka Fallen Heroes 5k
2181 Landstown Rd, VB
Aug. 10, 2015
The Muckrakes show
7th Street Stage, VB
Aug. 14, 2015
ABBA The Concert: A Tribute to ABBA
Sandler Center for the
Performing Arts, VB
Aug. 14 – 16, 2015
VB Tattoo Arts Festival 2015
1000 19th Street, VB
Aug. 15 – 16, 2015
Chesapeake Bay Wine Classic
Foundation’s Wine Woman &
Fishing Tournament
Rudee Inlet, VB
Aug. 16, 2015
An Evening with Lyle Lovett &
his Large Band
Sandler Center for the
Performing Arts, VB
Aug. 16 - 23, 2015
East Coast Surfing Championships
2nd Street & Atlantic Ave, VB
Aug. 21, 2015
Town Fair at Town Center
Town Center Fountain Plaza, VB
Aug. 28 – 30, 2015
Funkfest
24th Street & Atlantic Ave, VB
LEGAL NEWS YOU CAN USE
Law Offices of Lori A. Michaud, P.C.
501 S. Independence Blvd., Ste. 100, Virginia Beach.
Virginia 23452 Phone: 757-395-4017 www.familylawyerva.com
IN THIS ISSUE
PAGE 1
“Gray” Divorce
on the Rise
PAGE 2
Assets:
Yours, Mine or Ours?
Military Divorce In
Virginia While Overseas!
Life Changes for
Domestic Partners
PAGE 3
Lori’s Legislative
Highlights
PAGE 4
Ginger Glazed
Mahi Mahi
PAGE 5
What’s Happening in
Virginia Beach, VA
CONNECT ONLINE
