Divorce Lawyer In Virginia Beach, Virginia Divorce

DOMESTIC VIOLENCE PETITION - this form serves as your application for a protective order; after obtaining one from the courthouse clerk, completing and returning it, it will be reviewed by a judge.

DOMESTIC VIOLENCE PROTECTIVE ORDER - an order, placed by the courts, available to someone who has been subject to actual or threatened physical violence by a family or household member, or a current or former intimate or sexual partner.

DOUBLE DIPPING - Double dipping describes the unfairness that results when property is awarded to a spouse in the division of property, but is also treated as a source of income for purposes of calculating spousal support.

EASEMENT - an easement is a private (as opposed to public) right which one person has over the land of another person and which is enjoyed by the person in connection with their own ownership of land. Easements include rights of way, rights of light and rights of support. For there to be an easement there must be a "dominant tenement" (i.e. land which enjoys the benefit of the easement) and a "servient tenement" (i.e. land which is subject to the right). Normally the benefit of the easement will pass with the land so that if it is sold the new owner has the right to the benefit in question.

EMPLOYMENT SPECIALIST - Helps clients assess their marketability and their vocational skills to be successful in pursuing their chosen career path in the current job market. This professional can also help clients define their values, wants and needs as they pertain to the career/job the clients are seeking. The employment specialist aids clients in resume development and educates them in successful interviewing strategies.

ENCUMBRANCE - an encumbrance is a liability which attaches to property, both land and other property, and can include a lien (a right to retain possession) or a charge (a security which supports a debt, e.g. a mortgage). To sell something free from encumbrances means to warrant that no one else has a prior claim over it.

ENFORCEMENT - Just because you've got a divorce order doesn't mean that your spouse will obey it. Enforcement is when you take action to force your spouse to comply with the court order - for instance, you may garnish your spouse's wages or seize property of theirs. Normally enforcement is done through the courts. However, in cases of child support and spousal support, each province has a government agency that normally handles this. In Ontario this agency is known as the Family Responsibility Office.

EQUALIZATION PAYMENT - The law states that upon divorcing, married spouses should share equally in the increase in value of assets (including, but by no means limited to, cars, stocks, pensions, electronic equipment, furniture, collectibles, and art) during their marriage. The law requires the spouse with greater net family property to make a payment to the spouse with the lower net family property in an amount that equalizes the increase. This payment is known as the "equalization payment."

EQUITY - the word "equity" has several meanings depending upon the context in which it is used. So far as most people are concerned, equity is the word which is applied to the value of a property after deduction of any outstanding charges or mortgages. To an investor, equity is the amount of capital which he or she has invested in a company or business venture and upon which any interest or dividend will be paid. The final meaning of equity is the most complex. Equity can also be a set of rules applied by the court which ensures that the strict application of the law does not lead to an unjust decision being reached. An example of equity being applied would be where a court prevents someone using the law as a means of cheating someone of something to which they would otherwise be entitled, or where a court prevents a breach of contract from being used to a person's benefit.

ESCROW - escrow is a word used to denote that an agreement or contract has not come into effect or has been suspended, possibly until such time as a condition is satisfied. Often the document forming the agreement or the contract will be put into the hands of a third party with instructions as to when it can be released. That third party is known as an "escrow agent". Sometimes the word escrow is used to describe an account into which money is placed pending certain conditions having been satisfied.

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