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QUESTION: Six months ago, I rented my house to someone ( PERSON A) . His son's mother and his son (TENANT 1) would going to live in the house. After 3 months, TENANT 1 left and PERSON A brought his relatives ( TENANT 2) to live in our house. Rent amount stayed same. They cleaned the house by themselves and started to live. We did not renew the contract with TENANT 2, but we still have contract with PERSON A until May 2010. His relatives live in our house now, but they have not paid rent for two months. In this case, who is responsible for the rent? ( the name on the contract -PERSON A or people who live in the house- TENANT 2) If we go to the court, who is in charge? Can we take legal actions against PERSON A? Thank you very much.

According to Divorce Magazine, 49% of all marriages in the United States will end in divorce. Th is means that almost half of all women will have to face a divorce in their lifetime. Being prepared is imperative to surviving one of life’s most stressful events. Here is list of “must dos” if you believe your marriage is headed for divorce.

Have a plan: Since the divorce process usually last at least a year, it is important to have a realistic plan for how to care for yourself and children during the divorce without any fi nan- cial support or assistance from your spouse. Get Money: Have access to at least six months of living expenses before starting the divorce. Speak to an attorney to get an idea of how much the divorce will cost.

Get Credit: It is important for you to have good credit and to have access to your own credit cards before starting the divorce in case of a fi nancial emergency. Don’t count on being able to get credit during or immediately aft er the divorce.

Pay off Debt: Pay off as much of the debt in your name before starting the divorce. Th is will also reduce your monthly living expenses during the divorce.

Update Work Skills: If you’re not employed, get your resume in order and skills updated. You will have to work; even if you and your spouse agreed during the marriage that you would stay home to care for the children. Avoid the misconception that it is better not to work or to limit your income in order to get more spousal support.

Dear Attorney Guru,
My fiancé walked out on me. Who keeps the engagement ring? Does it matter who breaks up with whom?    

That’s a very interesting question!  This situation is rather common, which may be why Virginia has the “Heart Balm Act”.  The Heart Balm Act (Va. Code Ann. § 8.01-220) is a law which bars legal cases based on a breach of a promise to marry.  If you and your former fiancé had married, there would be no case.  Your former fiancé wants the ring back now because the promise to marry was broken.  Fortunately he is barred from that action by the Heart Balm Act, regardless of who broke the promise.
Jennifer Cisneros

Q: I am just about to file for divorce and am wondering if I should wait until my daughter turns 18 in 6 weeks? Will it change my wait time in VA from the normal 12 mos?

A: Vickie – Great question because this can be confusing. The question I have for you is whether this is a contested divorce or an uncontested divorce. In other words do you and your husband have a Property Settlement Agreement that settles all the issues in the divorce? If the answer is “yes” then Virginia Code § 20-91(A)(9)(a) provides you can receive a divorce after six months of separation only if you do not have any minor children. If this is the case, I would wait until your daughter is emancipated before filing. This means that if she is still in high school even after she turns 18, then she does not become emancipated until she graduates from high school or turns 19, whichever occurs first.

If you do not have a Property Settlement Agreement then you will need to wait the full one year to file for divorce regardless of whether your daughter is a minor or not. The only way to file earlier is if can file your complaint for divorce on one of the three fault grounds, which are adultery, cruelty or desertion. Even then, it generally will not matter whether or not she is a minor at the time of filing.



I hope this helps!

Q: I am separated from my husband and since he stayed with the house I told him to take the deductions, but that I would claim our son. He wants to file joint, but I do not, how do I file my taxes? Can I claim my son or do I have to split it? My son lives with me but the ex pays child support.
A: Emily...Great question!  You are not required to file your taxes jointly with your husband.  Often in these situations it is beneficial for one person to file jointly and the other person to file separately thereby making it a common dispute among separated parties.  I am not a tax accountant, but to my knowledge there is no way to “split” the dependency exemption in one tax year.  Publication 501 from the IRS website will give you the information you need to determine whether or not you can claim your son as a dependent.  In general it states that where there is a qualifying child (see definition of qualifying child) of more than one person and if you and the other person(s) cannot agree on who will claim the child and more than one person files a return claiming the same child, the IRS will disallow all but one of the claims using the following tie-breaker rule:

Q:Can I go back to using my maiden name before I'm legally divorced? I want to setup new accounts and so-forth under my maiden name?
A:You do not have to wait until you are legally divorced to go back to using your maiden name. However, many financial institutions require that you verify your identity by presenting a social security card or a driver’s license. In order to change your name on your social security card or your driver’s license you will have to provide proof of a legal name change. In that case you will need to get a court order legally changing your name back to your maiden name. In Virginia this is done in the Circuit Court and the adult Application for Name Change can be found on the Circuit Court website in your county otherwise, your divorce attorney may be able to assist you with the process. Good luck!

Q: I own a small B2B service business. I usually don't have a problem with collecting debt but with so many people around filing for bankruptcy, I want to learn what my rights are on collecting an outstanding debt from a customer who has filed for Chapter 7?

A: If your client filed for Bankruptcy you have to “stay” all proceedings against her while the bankruptcy is pending. Beware, because you can’t even contact her any more about the debt and there are stiff penalties if you do. Since this is likely a Chapter 7 Bankruptcy and your claim is an unsecured debt arising from a contract through your business, it will most probably be discharged in bankruptcy court unless you can prove that the debt was incurred through fraud or “willful and malicious acts”. (Some other exemptions include child & spousal support, taxes, student loans, criminal restitution and judgments arising from drunk driving.) Proving fraud or “willful and malicious acts” is a fairly high burden. If you truly think you can meet it and you think your client has the assets to pay her creditors, you can file a non-dischargeability action in bankruptcy court within 60 days of the first meeting of the creditors or the debt is discharged. Of course, this addresses a very limited situation and as always you should always consult with a bankruptcy attorney before taking any action.

Q: I have been married for over 10 years and sadly it seems we are at the end of our marriage. I am worried though about property settlements since my husband is the primary holder of our assets. Is Virginia considered a 50/50 state?

A: No. Virginia system of property division, “equitable distribution” state meaning the Court considers eleven different factors to determine the appropriate division of property, including the cause of the breakdown of the marriage.