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 …
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 …
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 …
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 …
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 …
Social media has become a huge portion of our lives – from sharing our daily activities, funny anecdotes, photos of our families and our food, friends and colleagues get a glimpse into your private life that they otherwise would not have access to. During a divorce, navigating social media can be tricky. Making a post …
Unfortunately, for many people, some of the biggest mistakes that they make in their life come about during a divorce. The divorce process is unfamiliar, stressful, and often painful. There’s a lot at stake. Often, people settle for less than they deserve because of a long, drawn-out battle. In many cases, they fail to realize how …
You’ve been through the hard part – you and your spouse separated and you’ve been moving through your divorce. You start living your separate lives and realizing you are ready to move on. But what about your divorce? If your case isn’t final yet, things can get complicated quickly. It can take a while to …
Let’s start with a real-life scenario: John and Susan share physical custody of their daughter, Mary. They live about 10 minutes apart in the same Virginia town, and though Mary’s primary residence is with her mother, Susan, John spends several days a week with his daughter. He goes to her school functions, never misses a …
When going through a custody and visitation case; whether it is part of a divorce or not, the court will generally appoint what is called a Guardian ad Litem (GAL). A Guardian Ad Litem (GAL) is an attorney who is appointed by the court to represent the interests of a child or incapacitated person. This …
Put simply, a Grey Divorce, is any divorce for individuals over 50 years old or for individuals who have been married for more than 25 years. Having done Grey Divorces for several years, what I found online was a lot of vague descriptions and misinformation. In reality, a Grey Divorce operates similarly to any other …
Even after your divorce case is final, the work may not be done. Our clients are often surprised that everything may not be over just because the divorce has been signed. The emotionally draining process of exchanging information, settlement negotiations, and even trial may only be the beginning. Common Issues After Divorce Vague or inexact …
Shockingly, some 55 percent of American adults have neither a will nor any other type of estate plan in place. This number has remained fairly steady for the past fifteen years and does not take into account the number of adults who have put medical directives in place—a number which has actually increased. Although medical …
Sometimes co-parents are able to work out terms and schedules without court involvement. In these cases we are often asked – “Do I still need an attorney?” It’s always advisable to have an attorney review or draft your agreement to fill in any vague terms, ensure statutory requirements are met, and to plan for the …
Everyone wants to protect their children. In addition to protecting them from physical and psychological harm, one of the most important ways to protect your children is to ensure their inheritance is secure. It’s critical that you take action now to ensure your children are able to access your assets when you die. To help …
Going through a divorce is an extremely emotional and stressful time in anyone’s life. The combination of emotions involved in combination with the complexities of the legal system can be overwhelming and may even end up costing you more than you had anticipated in the long run. One of the most common questions we get …
While many states provide legal separations which are granted by the courts, Virginia does not. Instead, if a couple would like to separate, they can do so by simply living separate and apart. However, it is recommended that a separation agreement is created which is also commonly known as a property settlement agreement. What is …
In any divorce or separation involving children, it’s important that the children understand what is happening and parents address their concerns at each stage. No matter their age or maturity level, every child will have some anxiety about the process and changes impacting their daily life. When you are going through the divorce process it …
