Entries by Michael Callahan


The Jackson Divorce Case and Social Security Benefits

Federal law prohibits the assignment and attachment of social security benefits. What does that mean for your divorce case? The U.S. Supreme Court had a chance to examine similar provisions regarding railroad retirement benefits in Hisquierdo v Hisquierdo.  In that case, the Court said a state divorce court may not treat railroad retirement benefits as […]

New Will After Divorce?

by Michael F. Calllahan You need a new Will post-divorce.  After your divorce you should review your Will and all beneficiary designations to ensure that you do not unintentionally include a gift to your former spouse.  You are no longer married so your former spouse need not be mentioned in the Will at all unless […]

Why Make a Will?

A Will is a written document directing the passage of property after the death of the maker of the Will – the “testator.”  A valid Will must be executed by the testator with the requisite formalities – usually in the presence of two disinterested witnesses who also sign the document. Among other things a Will […]

JDR, Fault Divorce, or Wait

My last post said that when a spouse needs child support or custody relief in the first post-separation year in Virginia, the choices are filing a petition requesting custody and/or support relief in Juvenile & Domestic Relations Court (hereinafter “JDR”), asserting fault grounds in a complaint for divorce from bed and board and for the […]

How to Disinherit Your Spouse

Most married people want their surviving spouses taken care of when they die. When the marriage breaks down, most people no longer want to provide for their estranged spouse. But divorce takes time. And the state statutes and federal statutes protect spouses. Is there a way to successfully disinherit your spouse before the divorce is […]