Thursday, October 8, 2015

Why a Pre-Nuptial Agreement is Important

A prenuptial agreement can save you tens of thousands of dollars in legal fees and a difficult, time-consuming, emotionally draining legal battle in the future. It is beneficial for anyone who wants to protect, manage, or enhance their personal, family, or business assets against foreseen and unforeseen circumstances. It is also critical if you have children from another relationship.

A prenuptial agreement allows both spouses to protect their separate property, protect themselves from the other spouse’s debts, and maintain control over their income. It may also be important to decide how much support and property one spouse will receive if there is a divorce or death later.

 Often people do not get a prenuptial agreement because they think it means they do not trust their spouse. This agreement benefits both spouses, as it saves both sides expensive legal fees and a difficult court battle in the future. It is much easier to resolve financial issues in a loving relationship then in the emotional and financial turmoil of a separation, divorce, or death. It may be the best investment you ever make!

 Without a prenup, the State decides how much of your property goes to your spouse at your death, not you, even if you have a will. Without a prenup, a judge decides how much property and/or support your spouse receives pursuant to state law, instead of you.

When a marriage ends, by death, separation, or divorce, you can control the financial fallout with a prenup. Without one, you relinquish that control to the government or end up in an expensive lawsuit. Divorce law becomes the terms of your prenup instead of what you and your intended decide is fair together, in advance.

If you own a house or business or have children from another relationship, you will benefit from a prenup. If you are wealthier than your partner, earn substantially more, or if your partner has a lot of debt, you need a prenup. If you intend to leave the workplace to raise children during the marriage, you need a prenup. Just like you shouldn’t drive down the road without a seatbelt, don’t walk down the aisle without a prenup. Both are essential protection for your future


Friday, August 17, 2012

Being Deposed: Tips for Testifying Under Oath

Nervous about an upcoming deposition?

Here are a few pointers to get you on track and prepared.

While being deposed most people fell the urge to argue their case- don't.  The more you talk, the more ammunition you give to the opposing counsel to use.

If the question being asked can be responded to with a simple "yes" or "no" answer it in a complete sentence describing what it is that you are saying yes or no to so that your short responses cannot be used agaisnt you.

Be honest.  As a witness if you discredit yourself even once you could lose all of your credibility.  If you don't remember something exactly let them know that you don't recall.  Don't fabricate an answer just to provide a response.

If you don't understand what is being asked of you- say something!  Don't respond with an answer to a question that was not asked, ask them to reword their question or to elaborate on specifics of what is being asked.

If you need to you the bathroom, take a break, or get a glass of water- say something! Just keep in mind that you have to finish the last question that was asked of you before you are allowed to take a break.

Don't blurt out the first thing that pops into your head.  Think for a few moments.  This time allows your attorney to think of grounds for objection and allows you to lay your response out in your head so that when you do speak you won't trip over your words or have to correct yourself.

If anyone looks confused about your answer to not take that to mean that you have to elaborate.  Only clarify your response when you're asked to.

Don't be 100% definitive.  If you're asked to produce each or every instance of an event make sure you end your statement with a qualifier like "As of right now that's the best I can recall the events."

Don't explain your train of thought or how you arrived to a response.  Again, it is not in your best interest to disclose more information than they ask for.

Since you are in fact being honest never classify your responses with "honestly, I..." or "truthfully, I..." It makes it seem as though you were not honest in previous answers.

Be honest.  As a witness if you discredit yourself even once you could lose all of your credibility.  If you don't remember something exactly let them know that you don't recall.  Don't fabricate an answer just to provide a response.

We Know the Ins and Outs of Military Divorce Law

As the majority of our troops are returning from Iraq and Afghanistan and coming home to their families many have realized that much has changed since their departure overseas.  Unfortunately because of life changing shifts in responsibilities around the house and at work it is not uncommon that servicemen and servicewomen or their spouses find themselves unable to relate to the people that they previously felt they knew the most.

This inability to relate to each other unfortunately puts an immense amount of stress on the relationship and usually leads to irreconcilable differences, separation, temporary support (Pendente Lite support), temporary and permanent custody and eventually- divorce.

Here at the Law Firm of Marilyn Ann Solomon & Associates we understand your unique needs and concerns as servicemen and servicewomen who have served our country in the Army, Air Force, Navy, Marines, and Coast Guard.  We are one of the most knowledgeable, experienced and straightforward law firms in the Winchester area.

As a member of the military you have specific rights and unique protections that need to be looked after properly.  We can complete an uncontested divorce in just 3 to 6 weeks for the low flat fee of $495!

Give us a call at (540) 678-0569 and let us serve you as you have served our country.

Saturday, July 21, 2012

Everyone who likes the Law Firm of Marilyn Ann Solomon, past and future, will be entered into a drawing to win a $100 VISA card. The drawing will be on September 10, 2012 at noon at my office located at 130 E. Cork Street, Winchester, Virginia. You do not need to be present to win. The winner will be contacted through their Facebook user name. So please "like" the firm and get your chance to WIN $100!!!

Here's the Facebook link:!/marilynasolomon

Wednesday, July 11, 2012

We won an interesting case this week involving two parents had a written agreement in 2007 that the father would deed to the mother the former marital home in exchange for $300.00 per month credit towards his child support obligation for 7 years for a total of $25,200. He deeded the house to her.
Four years later, the mother sued the father for contempt and child support arrearages for the $300.00... per month. She asked the court to put him in jail for not paying the child support. The Warren County Juvenile and Domestic Relations District Court held the father in contempt and found he had a child support arrearage for the full amount since 2004. The Warren County Circuit Court found dad was entitled to credit for the entire $25,200 amount pursuant to the parties' Agreement and that the father was not in contempt. The issue was whether the father was entitled to pay his child support with equity in a house instead of cash.
The court said the mother had to honor the agreement as she had the house which was also a home for the parties' child.
Another interesting case we won this week was a medical malpractice case. In that case, the patient went to the hospital having terrible back pain. She was given medicine in tbe ambulance. The doctor told the nurses to give her medicine through a shot in the muscle, but a new nurse made a mistake and gave it to her in the vein. This caused the patient to go into respitatory failure from a drug overdose and almost die. She had to be admitted to the hospital. We sued and after many discovery motions, the hospital finally settled the case.
We also won a trial in bankruptcy court. In that case, the client had stock in a club that owned hunting land. He claimed the stock was a "family heirloom" and the creditors challenged whether stock could be an heirloom. The client testified that he and his father hunted on that land when he was a child and it was filled with sentimental memories. He planned to pass the stock and hunting rights to his own child. The bankruptcy judge ruled that the stock was a family heirloom and he was entitled to exempt it from his bankruptcy estate.