Families with individuals with exceptional needs will face additional challenges in navigating separation and divorce. Some challenges the courts are equipped to handle, and others are severely lacking. In an ordinary custody and visitation case, the court will look to the “status quo” for the family. Most often, one parent has been the primary care …
Mistake #1: Waiting Too Long to Get a Divorce. Even as a divorce lawyer, I never want to advise people to rush into divorce; however, we see time and time again the mistakes that good people make when they try to stay in a broken relationship. If you know your marriage is over but just …
Going through a divorce is tough and confusing for anyone, military or civilian. But when a military couple decides to get separated or divorced, there are rules that come into play that are not applicable in the civilian world. Military members and their spouses may decide to separate for one reason or another. In the …
When going through a divorce, there is a lot going on and many people will forget how important it is to update their estate plan. Even a simple divorce can take over a year to finalize and a lot can happen in that year that can jeopardize your final wishes. It was recently discovered that …
Protective Orders can be one of the most alarming and hard to understand aspects of family law. A spouse can get a protective order against you and have you removed from the home within a matter of hours. Then you will have to stay out of the home, having no access to your belongings, until …
In contested family law matters, child protective services often gets involved where there are concerns of abuse, neglect, or mistreatment of children. CPS takes reports from family members, as well as other members of the community anonymously and for any reason. Most frequently reports are made by family members, neighbors, friends, educators, and even acquaintances. …
Withholding of a child from visitation from their other parent can be a serious factor for the court to consider in any custody or visitation case. In some situations, the court will intervene by either changing custody completely, or by ordering re-unification therapy for the child and the other parent. You have different remedies available …
For many families, COVID-19 has brought estate planning to the top of the priority list. Unfortunately, most law offices are closed or limiting their availability due to stay-at-home orders or other state restrictions. Estate planning attorneys are still able to complete meetings by phone and can send clients documents by email or mail for signature. …
For couples that were facing separation and divorce before the stay-at-home order, Executive Order 55 added complication to the separation process. In order for couples to divorce based on separation in Virginia, they must have been living separate and apart for 6 months or 1 year before filing, depending if they have minor children or …
As COVID-19 continues to spread throughout the United States, more Americans are facing new realities. Dealing with school closures, quarantines, and stay-at-home orders has impacted businesses and families in new ways. During times like this, more families are getting to their “to-do” lists that may have been lingering on their minds for some time. These …
In Executive Order 55, Governor Northam issued a stay-at-home order for all non-essential purposes and limited social gatherings to less than 10 people in Virginia. The order specifically addressed child custody and visitation, stating that individuals may “leave their residence for purposes of … traveling required by court order or to facilitate custody, visitation, or …
Is Mediation Right for My Case? The divorce process can be unfamiliar, stressful, and painful during an already difficult time in your life. Facing the legal system for the first time while dealing with personal affairs can add complication. Cases that go through litigation often take months, or even years before they are resolved. Along …
The term “estate planning” can be a bit of a misnomer. The term “estate” can summon images of a stately manor full of housekeepers and stables out back. The truth is that every single person has an “estate” – whether that means assets, liabilities, or dependents that rely on them for everyday care and financial …
So you’ve made the responsible decision and purchased a life insurance policy to ensure your dependents will be cared for in the unfortunate event something happens to you. Naming a beneficiary should be the easy part, right? But mistakes made when choosing your beneficiary can lead to unforeseen consequences. When a mistake happens, it can …
A parenting plan is a written agreement between parents who are divorcing, or maybe have never been married but no longer wish to live together, that outlines the responsibilities and expectations for custody, visitation, financial obligations, and other parenting issues that may be specific to your situation. Though often included as part of a separation …
Being a single parent has added responsibilities, including making sure that your minor children are taken care of in the event you no longer are there. What would happen to your children if you died, or became incapacitated and could no longer care for them? Where would they live? Who would take care of them? …
The Commonwealth of Virginia has the second largest military population in the United States. In 2008, the legislature enacted the Virginia Military Parents Equal Protection Act, which addresses the concerns of deploying parents regarding custodial and visitation decisions. The Virginia Military Parents Equal Protection Act defines who is considered to be a deploying parent, including not …
An estate plan has several objectives. It should provide for your family’s financial security, ensure that your property is passed to your beneficiaries as you wish, and determine who will manage your assets and make sure that your estate is distributed properly after your death. Military families need to consider some special estate planning issues …
