Schmergel & Mersberger, PLC FindLaw IM Template 2026-05-26T12:52:16Z https://www.schmergelfamilylaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1104651/2026/03/cropped-favicon-sfl512-32x32.jpg On Behalf of Schmergel Family Law, PLC <![CDATA[3 common mistakes to avoid during the Virginia divorce process]]> https://www.schmergelfamilylaw.com/?p=50099 2026-05-26T12:52:16Z 2026-05-26T12:50:36Z Making decisions based on emotions rather than facts Divorce can bring feelings such as anger, sadness and fear. These emotions are normal. But making decisions based on emotion instead of facts can hurt your future. You might feel tempted to fight over every asset out of spite or refuse reasonable settlement offers simply because you want to punish your spouse. However, Virginia follows equitable distribution laws. Courts generally divide marital property based on fairness, not a 50-50 split. Fighting over every item may cost you more in legal fees than the assets are worth. Take time to calm down before making major decisions. Some people find it helpful to work with a therapist or counselor who can provide emotional support. When you approach negotiations with a clearer head, you may have an easier time making smarter, more informed decisions.

Hiding assets or providing incomplete financial information

Virginia courts require full financial disclosure from both parties during divorce proceedings. You may think hiding assets or income will help you. However, this may backfire. Virginia courts can impose sanctions, award attorney's fees to the other party or even adjust property distribution against you if they discover you conceal assets. Gather records for all assets, debts, income and expenses. In Virginia divorce proceedings, this typically includes:
  • Bank statements from the past 12 months
  • Retirement account statements
  • Investment portfolios
  • Property deeds
  • Tax returns from the past three to five years
  • Documentation of any separate property you owned before marriage
Virginia law distinguishes between marital property and separate property. Marital property includes assets you acquire during your marriage. On the other hand, separate property includes assets you owned before getting married and own solely. Proper documentation is essential to prove which category applies to each asset.

Neglecting to consider the tax implications

Many people going through a divorce focus solely on the immediate division of assets without thinking about future tax consequences. Some assets cost more in taxes than others. A settlement that looks equal may not be equal after taxes. For example, retirement accounts and real estate may have significant tax implications when liquidated or transferred. You might want to consult with a financial advisor or tax professional who can help you understand how various settlement options will affect your tax situation in the coming years.

Your knowledge can protect your interests in a divorce

By approaching your divorce with careful planning and informed decision-making, you can reduce unnecessary conflict and protect your long-term interests. Taking the time to understand the legal, financial and emotional aspects of the process may help you start anew after separating from your spouse and explore new opportunities moving forward.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[Can your spouse claim ownership of your business in a divorce?]]> https://www.schmergelfamilylaw.com/?p=50068 2026-04-28T13:55:58Z 2026-04-28T13:55:58Z You spent years building your business before you ever said your vows. Now that your marriage is ending, you may wonder if all of that work is suddenly at risk. Virginia law does recognize a difference between what you owned before the marriage and what belongs to both spouses, but that line is not always where you would expect it to be. The details of how your business operated during the marriage matter more than most people realize.

How Virginia law draws the line between your business and your marriage

Virginia follows an equitable distribution model when dividing property in a divorce. Under this model, a court will first classify each asset as separate property or marital property before deciding how to divide it; some assets may contain both separate and marital components. A business you founded before your marriage generally starts in the separate property category. That classification is a strong starting point, but it does not guarantee the business stays fully in your column. State courts look at both the origin of the asset and how you treated it throughout the marriage. A business can begin as separate property and shift over time based on what happened after the wedding.

The details of your marriage that can put your business at risk

Virginia courts examine the full history of how your business and your marriage intersected. Several specific factors can create a basis for your spouse to claim a share of a business you built on your own:
  • Using marital income or joint funds to grow or sustain the business
  • Direct contributions your spouse made through labor or financial decisions
  • Indirect contributions your spouse made that gave you more time to focus on building
  • Active appreciation, meaning growth resulting from marital efforts rather than market forces alone
  • Commingling your business finances with personal or marital accounts
Even one of these factors can give your spouse's attorney an opening. The strength of your position depends on how clearly you can trace what was yours from the start.

What comes next is just as important as what came before

Building a business takes years of sacrifice and focused effort, and protecting it in a divorce requires the same level of care. In Northern Virginia, professional practices and business assets appear in divorce cases regularly. The specific details of your situation shape the outcome. Legal support that understands both Virginia law and the real stakes of your case can make a meaningful difference in how your divorce unfolds.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[Can my spouse claim part of my inheritance during divorce?]]> https://www.schmergelfamilylaw.com/?p=49681 2026-04-06T07:59:33Z 2026-03-30T18:25:20Z When your inheritance becomes marital property Virginia courts recognize inheritance as separate property. However, you can accidentally convert it into marital property through a process called commingling. Commingling happens when you mix inherited assets with marital property, making them impossible to separate. For example, if you deposit $100,000 you inherited into a joint checking account and then use that account for household expenses over several years, you've commingled those funds. The longer these mixed assets remain commingled, the harder they become to separate during divorce.

Why joint accounts endanger your inheritance

Depositing inherited money into shared accounts creates serious risks during divorce:
  • Ownership questions: Money in joint accounts legally looks like it belongs to both spouses
  • Hard to trace: You can lose the clear paper trail proving which money came from inheritance versus marital income
  • Growth issues: Interest earned from inherited money in joint investment accounts usually becomes marital property, too
  • Limited records: Regular bank statements may not provide enough proof for court anymore
More importantly, courts may view your decision to use a joint account as evidence you intended to share that inheritance with your spouse.

How to keep your inheritance yours

The best protection starts with keeping inherited assets completely separate from marital property. Open a bank account in only your name and deposit inheritance funds there. Then, make sure to avoid using this account for joint expenses of any kind. Keep detailed records showing the source of your inheritance, including wills, estate documents and bank statements. If you receive property as inheritance, keep the title in your name alone.

Protecting what your loved one left for you

Your inheritance can stay yours alone if you handle it carefully throughout your marriage. Before filing for divorce, review all your inherited assets and document their separate status. Even if you're already in the middle of divorce proceedings and worry you've commingled funds, there’s still hope. An experienced family law attorney may help you trace assets and possibly recover at least a portion of your inheritance.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[4 hidden costs in high-net-worth divorce cases]]> https://www.schmergelfamilylaw.com/?p=49684 2026-04-06T07:59:41Z 2026-01-14T20:08:18Z High-net-worth divorce requires a different level of financial awareness. In addition to legal fees, hidden costs tied to taxes, asset valuation and long-term planning can significantly affect your outcome. Knowing what to expect under Virginia law helps you protect what you have worked to build.

Understanding high-asset financial complexities

Dividing property in a high-net-worth divorce can be complex. In Virginia, courts follow equitable distribution law. They look at the length of the marriage, help with the family and each spouse’s career. They also consider education and other factors. Virginia law separates property you share from property you owned before marriage. Separate property includes assets you owned before marriage or received as gifts or inheritance. Courts treat separate property as marital if you mix it with joint property. They also consider separate property marital if you use it for joint purposes. Even assets like retirement accounts, stock options or a family business can have hidden costs. Knowing the rules early helps you protect your interests. It also helps you plan strategically.

What to budget for beyond legal fees

Even if you plan ahead, some expenses still surprise clients. These costs go beyond legal fees and can affect your money. Common hidden costs in Virginia divorces include:
  • Forensic accounting and valuation fees: These costs may arise when valuing businesses, investment portfolios or stock options to ensure assets are properly identified and divided.
  • Tax implications from dividing assets: Certain transfers can trigger capital gains or tax liability, especially when dealing with investments or deferred compensation.
  • Lifestyle adjustments or support-related expenses: Changes in income or household structure may require financial adjustments to maintain a similar standard of living.
  • Legal and other professional fees tied to complex agreements: Additional costs can arise when reviewing or enforcing prenuptial agreements or complex property arrangements.
Each of these items can add thousands to your total divorce cost. Knowing them in advance lets you plan and avoid last-minute stress.

Planning for a smoother financial transition

Taking proactive steps can make a significant difference in protecting your finances. Keep detailed records of your assets and contributions and review how Virginia law classifies each property type. Professionals may also help you understand and handle complex valuations. In high-asset divorces, financial outcomes are shaped long before final decisions are made. Recognizing where costs can arise gives you greater control over the process and helps preserve long-term value.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[How to update a child custody order in Virginia]]> https://www.schmergelfamilylaw.com/?p=49686 2026-04-06T07:59:44Z 2025-12-15T06:55:49Z When can I modify my custody order? Under Virginia law, there are two conditions that must be met before either you or your ex can file for a custody modification request. The first condition is that the request must be in the best interests of your child. For the second condition, the requesting parent must have proof of a material change in either theirs or their child’s circumstances. These changes may include:
  • When you or your ex moves to a new state
  • When you or your ex experiences a significant change in your financial situation
  • When there is a shift in your child’s educational, medical or emotional needs
  • When there is evidence of substance abuse or neglect in either household
Since the Virginia courts review the cases on an individual basis, your request may take several months of assessment and completion.

How can I file my modification request?

To file your modification request, fill out the “motion to amend or review order” form with the state’s juvenile and domestic relations district court. After submitting your petition, you must serve your ex with a copy of the document. The court will provide them with an allotted period to respond, where they will have a fair chance to present their side during your scheduled hearing.

For your child, you can do anything

By understanding your rights and following the proper legal timeline, you can pursue your intended change with confidence and attend your court hearing with familiarity of the processes.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[Arlington Magazine’s 2025 Top Attorneys]]> https://www.schmergelfamilylaw.com/?p=48935 2026-04-06T07:59:46Z 2025-10-21T20:38:38Z Sean Schmergel is recognized for his expertise in family law and divorce. Dennis Mersberger is recognized for his expertise in criminal offenses and traffic violations. Click here to read more about the firm in Arlington Magazine!   ]]> On Behalf of Schmergel Family Law, PLC <![CDATA[Divorce issues that easily escalate among high-net-worth couples ]]> https://www.schmergelfamilylaw.com/?p=48872 2026-04-06T07:59:47Z 2025-09-12T03:40:15Z Divorce is often an emotionally draining and complicated process, but when it involves high-net-worth couples, the stakes and challenges tend to be far greater. With more assets on the line, disputes can quickly escalate into prolonged legal battles. Unlike divorces where financial matters may be straightforward, wealthy couples must contend with dividing international holdings or even family-run companies, each of which can spark conflict.  Understanding the unique factors that drive these divorces is vital to helping ensure that conflicts do not spiral out of control. By identifying the issues that most frequently escalate among wealthy couples, spouses can better prepare for the process, reduce unnecessary hostility and work toward fair resolutions. 

Division of complex assets

One of the main challenges in high-net-worth divorces is dividing complex assets. Unlike standard cases where property and savings may be relatively straightforward, these divorces often involve: 
  • Multiple homes
  • Investment portfolios
  • International accounts
  • Luxury items 
Determining the value of these assets requires expert appraisals, and disputes frequently arise when one partner feels valuations are inaccurate or unfair. 

Business ownership disputes

Many high-net-worth couples have business interests jointly owned or managed by one spouse. Deciding how to divide or compensate for these interests often becomes contentious during divorce proceedings. For a business-owning spouse, keeping control of the company may be a priority, while the other spouse may push for an equitable share of its value. This can involve lengthy negotiations, forensic accounting and sometimes the forced sale of assets. 

Spousal support disagreements

Because one or both spouses are accustomed to a certain lifestyle, negotiations about ongoing financial support can quickly escalate. The paying spouse may argue that the other partner has the means to maintain themselves, while the recipient may insist that support is necessary to sustain the lifestyle built during the marriage.  Divorces involving high-net-worth couples present unique challenges that can escalate quickly if not managed properly. By approaching these matters with transparency, hands-on legal guidance and a willingness to compromise, couples can help ensure a smoother transition and protect both their financial and emotional well-being. ]]> On Behalf of Schmergel Family Law, PLC <![CDATA[Protect parental rights in an acrimonious divorce]]> https://www.schmergelfamilylaw.com/?p=48870 2026-04-06T07:59:49Z 2025-09-02T17:54:17Z Sometimes, it can seem like you no longer recognize the spouse with whom you created a life and built a family. The person whom you once loved and trusted appears to have morphed into an angry, vindictive creature you no longer know. Divorce can bring out the worst in some people, unfortunately. In those scenarios, the co-parents can easily lose focus of the common goal of doing what’s best for the children and descend into combative acts or allegations.

Aggression can clip your custodial rights

Spouses may attempt to goad their partners into acting out violently with the intention of having them arrested and subject to protective order restrictions. Someone under a protective order against their spouse or former partner could potentially be subject to supervised custody with their own offspring.

Not all allegations of abuse are true

Domestic violence remains a big problem here in the United States, and Virginia is no exception. However, not every accusation of abuse is rooted in reality. Some people fabricate injuries or even self-harm to place the blame on their partner in an attempt to game the custody system.

How to best protect oneself from false allegations

One of the simplest ways to prevent false allegations of abuse from being lobbed against you is to have every interaction with your soon-to-be ex-partner witnessed by a third party. This could mean doing the custody exchanges at your local police or sheriff’s department. In some circumstances, you might want to have a neutral friend accompany you to witness the custody hand-off.

Protective orders can be disputed

With the proliferation of Ring doorbells and other home surveillance systems, it is easier than ever before to access recordings of your interactions with your ex. Make sure that you utilize your own security system to capture these interactions so you can dispel any negative or spurious allegations of abuse.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[How could wealth actually contribute to a divorce?]]> https://www.schmergelfamilylaw.com/?p=48868 2026-04-06T07:59:50Z 2025-08-20T19:11:32Z In some cases, it seems like wealth prevents divorce. After all, some couples get divorced because of ongoing financial stress. But that may simply be because they are living paycheck to paycheck, so they are experiencing a lot of financial stress on a regular basis. A couple with a net worth in the millions does not have the same concerns, so that could make their marriage more stable. This certainly can be true in some situations, but studies have found that the opposite may also be true. Specifically, when the economy grows stronger, divorce rates tend to rise. These studies suggest that being wealthy may actually increase the odds of getting a divorce. Why would this happen?

Financial stability leads to options

It still comes back to financial stability. For couples who do not have many assets or who have a low income level, being married can often increase the financial stability that they feel. They may be unhappy with the romantic relationship, but they want to stay married because it is the only way they can afford a home or other necessities. Wealthy couples, however, are not worried about these types of issues. If a couple has a net worth of $10 million, even if they do not get exactly what they want in property division, both spouses know that they would be financially stable and secure on their own. As such, if they are unhappy with the relationship, they may be more likely to file for a divorce. They know that they can be independent, and they do not have to stay married for financial reasons. A high-asset divorce can get very complex, especially when splitting up assets, so couples in this position must understand their legal options.]]> On Behalf of Schmergel Family Law, PLC <![CDATA[Conflicts that can escalate in divorce when money isn’t a problem]]> https://www.schmergelfamilylaw.com/?p=48851 2026-04-06T07:59:51Z 2025-07-31T14:49:47Z Divorce is often associated with financial stress, but when money isn’t a problem, it doesn’t always lead to a smoother separation. In fact, financial comfort can sometimes mask deeper issues that emerge once a couple decides to part ways.  High-asset divorces come with their own unique emotional and logistical challenges, and conflict can escalate quickly without careful management. Understanding these potential friction points is key to helping to ensure a more peaceful process.

Custody and parenting differences

When money isn’t a limiting factor, one might assume co-parenting would be easier. However, disputes over custody can intensify due to differing values, expectations or lifestyle choices. One parent might want to travel frequently with the children, while the other values routine and stability. Wealth can allow for more extravagant choices, leading to disagreements over schools, healthcare or extracurricular activities. 

Division of property and sentimental assets

Deciding who gets what can turn emotional, even when there is plenty of wealth to go around. It’s not always about the value of the asset, but what it represents. A vacation home tied to family memories, a luxury car gifted on a milestone or even artwork collected together can become points of contention. Without clear communication or prenuptial agreements, both parties may feel entitled to certain possessions, increasing the chances of drawn-out disputes.

Business and reputation concerns

For couples who share business interests or public profiles, divorce can pose significant reputational risks. One partner might worry about the other leaking sensitive business information or damaging a personal brand. Ownership stakes, decision-making control and even shared professional contacts can become battlegrounds.  When money isn’t a problem, it’s easy to assume that divorce will be less complicated. But financial security doesn’t shield couples from emotional, legal and social conflicts. From custody challenges to personal pride, the issues that arise in high-asset divorces can be just as intense—if not more so—than in those driven by financial strain. Being aware of these risks and enlisting insightful legal guidance is the key to helping ensure a respectful and thoughtful separation.]]>