Securing primary custody of your child after a divorce is a great victory, but there are often conditions you must abide by from a court order to maintain that custody. Most are obvious, like no domestic violence, but there are some unexpected obstacles you may not see coming. For example, moving out of state can …
How To Determine Child Custody For Unmarried Couples
Establishing parental rights in order to establish child support, visitation, and custody of children can become challenging when a couple is unmarried. Child custody for parents who are married and seeking a divorce is already difficult on its own. When the parents are not married and have a child, custody can be tricky if the …
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Steps For Fathers To Win Their Child Custody Battle
What Steps Can A Father Take In A Child Custody Battle? In the case of child custody, it is not about winning or losing. Your child is not a prize in a game. They are precious to you, and you very naturally want full custody. You believe you are the right person to raise and …
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Does Divorce Nullify a Will?
Would you want your ex-spouse to maintain a power of attorney if you were to have an accident or get seriously ill? If you have gotten a divorce recently or you are planning to get one soon, it may be worth revisiting your estate planning to avoid unpleasant surprises. At Melone Hatley, P.C., our divorce …
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5 Steps to Talk to Your Parents About Their Divorce
Divorce affects the entire family, not just the parents. If your parents are going through divorce or separation, then you know this is true. Talking to one or both of your parents at times could be challenging due to the changes and emotions you’ve gone through. One way to get over this uncomfortable time is …
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7 Steps to Ask Your Spouse For Divorce
You’ve tried for years, but no matter what you do, you can’t get it to work. You want to divorce your spouse, but how can you talk divorce with your spouse without offending them or starting a full-scale conflict? No optimal approach to ask for a divorce exists. When telling their spouse they desire a …
Grounds for Divorce in Virginia
If you and your spouse are not getting along in your marriage, and there is no way to resolve your issues, it may be time to think about divorce. Going through Virginia divorce, however, can be very stressful and painful to all involved. First, you need to determine the grounds for divorce before officially filing. …
After a Divorce in Virginia Who Gets the House?
Going through divorce can be an emotional and painful process. You might be anxious about what will happen to your assets, particularly the marital home, once your divorce is finalized. Virginia divorce laws identify what property may be subject to equitable distribution between the two of you, and what property may remain separate. Continue reading …
7 Steps to Separate your Life in the Divorce Process
There are a lot of things to accomplish when you are going through divorce and starting your new separate life. Step 1: Safeguard Your Credit One of the most important steps you can take is to safeguard your credit. You want to think about getting a new credit card in your name so that you …
10 Things You Must Do Before You File For Divorce
At Melone Hatley, PC, we understand that going through divorce is never easy. However, there are some steps you can take today to ease the burden and properly plan, so you don’t have a long-drawn-out process. Here is a list of 10 things we think is crucial to help you: 1. NEVER Threaten Divorce Until …
A Guide to Divorce in Virginia
The end of matrimony can be a stressful, unpleasant time that can do irreparable damage to relationships and even your personal psyche. Sometimes, however, it can also be a time for celebration if one manages to escape an abusive spouse. Either way, it requires hours of paperwork and can be time-consuming, particularly if the divorce …
Do I Need a Separation Agreement in Virginia?
Unlike many other states, legal separation in Virginia is not granted by the courts. Instead, a husband and wife, wishing to separate and divorce, may simply live apart, even under the same roof. It is strongly advised, though, that they enter into a separation agreement, also called a marital settlement agreement or property settlement agreement. …
Mental Health Issues in Custody Cases
In recent years there has been a sharp increase in accusations of mental health issues in child custody cases. Parents who have a history of any mental health diagnosis are often faced with attacks based on their condition when requesting custody. What impact does having a diagnosis actually have on your case? Mental Health Diagnosis …
Guide: Child Support in Virginia
In Virginia, a parent who does not have primary physical custody of their child generally has a duty to pay child support. This duty can arise from either one parent filing in court for child support or from filing with the Division of Child Support Enforcement (DCSE), for a determination and entry of an administrative …
Children’s Testimony in Virginia
In any custody case, parents may want the court to hear directly from their children. The children can provide information about the parent’s relationship, any abuse they have experienced, and other relevant events for the court’s consideration. In family law we often have one party’s word against the other – and the only other potential …
Myths in Military Divorce
Going through a divorce is difficult. If one spouse is in the military, it can complicate things even more. Navigating the complexities of military benefits and martial share of pensions while learning the legal system and trying to move on with your life can be impossible. Service members and their spouses are flooded with information …
Mask or No Mask – Who Gets to Choose?
Up until last week, Virginia public schools required all students to wear a face covering during school. Now, the governor has issued new guidance that parents may elect whether or not their student has to wear a mask. But for divorced or separated parents – the decision may not be quite so easy. Parents who …
Proving Adultery in Your Divorce Case
It’s more than a feeling … your spouse stays out late, “at work,” when they’re at home they’re distracted and on their devices … they have a “friend” who is just a little too close. You know something is wrong, but could you prove it in court? Virginia makes getting a divorce based on adultery …