Choose Your Language Carefully in Northern Virginia Divorce Settlements

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Negotiations surrounding spousal support play a significant role in many Northern Virginia divorce proceedings. Spousal support, along with equitable distribution, child custody, visitation, and child support, falls under the jurisdiction of Virginia courts during divorce cases. Additionally, courts may issue injunctions related to exclusive use of the marital residence or other assets.

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The Importance of Settling Divorce Cases Outside the Courtroom

At DiPietro Law Group, PLLC, many cases are resolved without ever seeing the inside of a courtroom. Some divorcing couples are able to negotiate through their attorneys or participate in mediation. Others reach a settlement when they weigh the cost of litigation against the potential financial benefits they might gain through court proceedings.

Settlement can be an excellent way to resolve issues in Northern Virginia divorces, as it is often more cost-effective and allows for custom solutions. In some cases, courts will only grant specific relief, like life insurance policies, if both parties agree. They will not order it over the objection of one spouse.

Property Settlement Agreements: A Critical Component

Divorce settlements in Northern Virginia typically result in the creation of a contract called a “Property Settlement Agreement” (PSA). These agreements can cover money, property, and other financial matters. However, agreements related to child custody, visitation, and child support are not permanent. Courts can modify these aspects if there is a change in circumstances.

While finality in a PSA can be helpful for individuals looking to move forward after a divorce, it’s important to use precise language. Incorrect wording can lead to significant issues down the road.

Spousal Support Obligations: The Impact of Language in Your PSA

Spousal support obligations can last for many years or even a lifetime. The amount of spousal support is generally based on the financial circumstances of the paying spouse at the time of the agreement. Unfortunately, poor wording in a PSA can make spousal support payments impossible to modify, even in cases of job loss or financial hardship. This is why receiving proper advice from a knowledgeable divorce lawyer is crucial.

Case Example: Spousal Support Modification Denied

In a recent Fairfax County case, a former husband was unable to modify the spousal support amount he paid his wife, even ten years after signing the Property Settlement Agreement. Despite losing his job and earning $100,000 less than before, he was still required to make the $1,000 monthly payment to his former spouse.

The consequences of not paying spousal support can be severe, including incarceration. Additionally, interest accumulates on unpaid support amounts.

Protect Yourself with Expert Legal Advice

When negotiating your divorce settlement in Northern Virginia, it is essential to seek advice from an experienced family law attorney. Proper legal guidance can prevent costly mistakes and protect your financial future.

Contact DiPietro Law Group today for a consultation at (888) 530-4374.