Filing For Divorce In Virginia, Virginia Divorce

NET FAMILY PROPERTY - In Ontario family law, the first step in determining the division of assets is calculating your net family property. This is essentially your assets on the date of separation, less your liabilities on the date of separation, less your net worth on the date of marriage, and less any inheritances, gifts from third parties and personal injury awards received during your marriage that are traceable.

NOTARY PUBLIC - A notary public is a person authorized to administer oaths, and to execute or certify certain documents. All lawyers are notaries public in addition to being barristers and solicitors.

NOTIONAL DISPOSITION COSTS - There are often financial consequences to cashing in an asset. For instance, if you cash in an RRSP, you will need to pay income tax on the proceeds. If you sell a plot of land, other than your primary residence, there may be capital gains tax. In selling your home, there may be real estate fees. These financial consequences of cashing in an asset are known as notional disposition costs. In calculating the division of property on divorce, if you use the actual value of your assets, you will be overstating their value. To account for this, you must deduct any notional disposition costs from the value of the assets.

NUISANCE - a nuisance, as with negligence, is one of those civil wrongs known as a tort, and it usually relates to the interference with the rights of a person, most commonly in connection with their rights to enjoy their own land. Whilst commonly we think of nuisance as being the acts of neighbors such as noise, it can extend to the escape from land of water or fumes or the performance of an unsociable activity. If the nuisance starts to affect a number of people it becomes a public nuisance which is a criminal offense.

OATH - an oath is a solemn and formal declaration by a person that what they are about to say or write is the truth. It is usually made while holding a bible or the oath givers chosen religious text. A written oath is usually referred to as an affidavit.

OFFER TO SETTLE - An "offer to settle" is a legal document that details a formal offer made by one spouse to the other. The purpose of an offer to settle is two

ORDER - An order is a direction by the court to do or not do something. It is a mandatory direction that must be followed and is binding upon the parties to a legal action. "Interim orders" are temporary and may be issued while the facts of a case are being decided. A "final order" is a permanent order at the end of a trial. Orders made by a judge based the agreement of the parties on specific issues are called "consent orders."

ORDERS OF NOTICE - notice ordered by the court requiring the party who filed for divorce to ensure that the other party is served by a sheriff with copies of the "Petition for Divorce".

PARALEGAL - An individual who helps a couple represent themselves in the dissolution of their marriage in a simple, uncontested divorce situation. An LDA will do all the processing of the paperwork throughout the divorce process. If a couple chooses to go through the Mediation Process, the LDA can also file the appropriate forms to complete the divorce.

PARENTING - There is a trend nowadays to avoid using the terms "custody" and "access" as there are certain win / lose connotations to these terms. Instead, the court will make parenting orders, which specify how the decisions in the children's lives will be made.

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