David Toscano attends Three-day Conference of Virginia Association of Collaborative Professionals (VACP)
September, 2011
David Toscano recently participated in a 30-hour “Negotiation and Skills Training” offered by the Collaborative Practice Training Institute (CPTI). The seminar was designed to improve the skills of collaborative professionals, and involved attorneys, mental health professionals, and financial analysts from around the Commonwealth. The sessions focused on improving communication, mediation, and facilitation skills. David has now completed over forty collaborative divorce cases in the Charlottesville/Albemarle area. For more information about David’s Collaborative Law go to: http://www.charlottesvillecollaborativelaw.com
Toscano Participates in VACP Training
October 20, 2011 By
Toscano Bill Changes Divorce Law
June 16, 2011 By
David Toscano, in his capacity as a Delegate to the Virginia General Assembly, introduced and had passed a bill related to temporary spousal support orders and the payments of debts. Under the bill, HB 1529, a temporary spousal support order may include a requirement that one party pay the secured or unsecured debts that were incurred jointly by the couple or in either person’s name. This will allow the courts to ensure that homes that otherwise might go into foreclosure because of a failure to pay a debt pending litigation will remain available for the fairest division possible at the time of a divorce hearing.
Changes in Virginia Divorce Law
June 14, 2011 By
In response to the Supreme Court decision in Gilliam v. McGrady, the General Assembly amended Virginia Code §20-107.3 (the equitable distribution statute) to include definitions for classifying debt as either marital or separate debt, similar to the process used for classifying property as marital or separate. Ironically, the amendments do not provide statutory guidance for classifying debts incurred by a spouse as a result of a third party’s or business entity’s liabilities. In Gilliam v. McGrady, the question was whether the wife was liable for business taxes owed by a company solely owned and controlled by the husband. After being reversed by the appellate courts, the trial judge ultimately ruled that the wife was not liable. The amendments to §20-107.3 do not address that type of debt. Presumably, the trial courts will follow the principles established by Frank Buck in the Gilliam v. McGrady case. The new law goes into effect on July 1, 2011.
