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Passports for Minor Children Where Parents Share Joint Custody

11/15/2017 09:45:15 AM

Passport applications for children under the age of 14 require the signatures of both parents. However, in situations where parents share joint legal custody, one parent may not consent and may actively seek to prevent the child’s removal ...

Three Tips for Keeping Costs Down in Your Divorce

11/13/2017 04:29:44 AM

Contested divorce cases can be extremely costly. The costs are often driven up by an aggressive opposing party or counsel, or through multiple actions being heard at the same time, sometimes even in different courts. If you find yourself in ...

Do You Need an Attorney for a Separation Agreement?

11/08/2017 12:41:52 PM

In today’s world, there is a wealth of information available over the internet. People often turn to the web when trying to find a cheaper method for preparing a separation agreement or “property settlement agreement.” Agreement templates ...

National Interest Waiver Immigrant Visas

11/07/2017 15:41:07 PM

A National Interest Waiver immigrant visa is a special form of EB-2 (second preference) Employment-Based immigrant visa. EB-2 visas usually require a permanent job offer and labor certification. However, those requirements are waived for applicants ...

Filing for a Protective Order for Your Child in Virginia

11/06/2017 07:03:42 AM

As a parent, it should go without saying that I have a basic duty to keep my children safe. Until recently, one tool that Virginia law provided parents to do this was the ability to file for a protective order for a child “pro se” (without ...

Separate Maintenance in Virginia

10/30/2017 06:40:45 AM

Virginia law allows a married person who is separated from their spouse to file a petition for “separate maintenance.” Separate maintenance is distinct from spousal support, and may be an attractive option to individuals who require support ...

Travel Ban and Refugee Admissions: the Latest Developments

10/27/2017 06:24:43 AM

Recent developments in U.S. immigration policy have left citizens of certain countries bewildered as to whether they can enter the United States. The turmoil began when the President issued an executive order one week after taking office, banning ...

The Cap Gap Extension for F-1 Students

09/28/2017 11:03:35 AM

Every year, many foreign national F-1 students try to change from F-1 student status to H-1B status after they complete a program of study or period of optional practical training (OPT). Since OPT generally requires employment with a U.S. business ...

Enforcing Islamic Marital Agreements in Virginia Courts

09/22/2017 10:35:52 AM

Divorce proceedings are emotionally and financially taxing, but the complexity of the process increases significantly with added cultural issues surrounding the marriage. In Islamic cultures, the bride and groom enter into a marital agreement ...

Co-Parenting and Virginia Custody Cases

09/19/2017 08:19:52 AM

If you are facing a custody or visitation case in Virginia, it is especially important that you maintain and strengthen your co-parenting skills. Doing so will benefit your children, and can only help you in court. As a parent, it is human ...

The Elimination of DACA

09/07/2017 08:46:47 AM

As of September 5, 2017, the Deferred Action for Childhood Arrivals (DACA) program has been eliminated. As discussed previously on this blog, DACA, created in 2012, allowed certain individuals who entered the U.S. under the age of 16 to obtain ...

Green Cards for Native Americans Born in Canada

09/03/2017 09:20:23 AM

Under section 289 of the Immigration and Nationality Act (INA) a Native American Indian born in Canada may be entitled to lawful permanent resident status in the United States if they meet certain requirements. This provision of the INA incorporates ...

Prudential Revocation of Nonimmigrant Visas for DUI Arrests

07/17/2017 09:43:15 AM

On November 5, 2015 the U.S. Department of State (DOS) implemented a policy which required consular officers to revoke the nonimmigrant visas of foreign nationals convicted of, or merely arrested for, driving under the influence, driving while ...

Third-Party Custodians and Adoption in Virginia

07/10/2017 10:37:34 AM

In Virginia, a grandparent, relative, or other interested party may seek and receive a court order granting them legal and physical custody of a child in their care. Such an order would give the custodian a feeling of security that the child ...

Impact of Leaving Children Home Alone on Your Custody Case

07/05/2017 18:15:19 PM

It is very common these days for both parents to work outside of the home, whether on a part-time or full-time basis. For many parents, this requires a juggling of responsibilities and it also requires making sure that children are supervised ...

Impact of Leaving Children Home Alone on Your Custody Case

07/05/2017 18:15:19 PM

It is very common these days for both parents to work outside of the home, whether on a part-time or full-time basis. For many parents, this requires a juggling of responsibilities and it also requires making sure that children are supervised ...

Which Court Should You File In?

06/26/2017 05:22:44 AM

Many family law clients ask the same question during their initial consultation: “which court should I file in?” In Virginia, both the juvenile and domestic relations district court (“J&DR court”) and the circuit court handle family ...

Which Court Should You File In?

06/26/2017 05:22:44 AM

Many family law clients ask the same question during their initial consultation: “which court should I file in?” In Virginia, both the juvenile and domestic relations district court (“J&DR court”) and the circuit court handle family ...

Change in Virginia Family Law Regarding Life Insurance

06/20/2017 05:52:30 AM

A new law goes into effect in Virginia on July 1, 2017, giving courts the authority to order a party paying spousal support to maintain an existing life insurance policy for the benefit of the payee spouse. This change to Virginia family law ...

Change in Virginia Family Law Regarding Life Insurance

06/20/2017 05:52:30 AM

A new law goes into effect in Virginia on July 1, 2017, giving courts the authority to order a party paying spousal support to maintain an existing life insurance policy for the benefit of the payee spouse. This change to Virginia family law ...

The Safe Reporting Law for Overdoses in Virginia

06/12/2017 13:43:58 PM

Back in July of 2015, the Virginia General Assembly passed a law that aimed to save the lives of people suffering from overdoses. This safe reporting law (Virginia Code § 18.2-251.03) provides for an affirmative defense to prosecution of unlawful ...

The Safe Reporting Law for Overdoses in Virginia

06/12/2017 13:43:58 PM

Back in July of 2015, the Virginia General Assembly passed a law that aimed to save the lives of people suffering from overdoses. This safe reporting law (Virginia Code § 18.2-251.03) provides for an affirmative defense to prosecution of unlawful ...

Divesting Jurisdiction in Virginia Family Law Cases

05/24/2017 08:51:13 AM

In Virginia, there are two types of courts that handle family law cases: juvenile and domestic relations district courts (“J&DR courts”) and circuit courts. Circuit courts have the authority to hear divorce cases and all matters stemming ...

Divesting Jurisdiction in Virginia Family Law Cases

05/24/2017 08:51:13 AM

In Virginia, there are two types of courts that handle family law cases: juvenile and domestic relations district courts (“J&DR courts”) and circuit courts. Circuit courts have the authority to hear divorce cases and all matters stemming ...

Non-Probate Assets in Virginia

05/18/2017 10:41:56 AM

Probate is the legal process that includes proving the validity of a decedent’s will, identifying the decedent’s assets and transferring those assets to the decedent’s heirs, beneficiaries and/or creditors. “Probate assets” are assets ...

Non-Probate Assets in Virginia

05/18/2017 10:41:56 AM

Probate is the legal process that includes proving the validity of a decedent’s will, identifying the decedent’s assets and transferring those assets to the decedent’s heirs, beneficiaries and/or creditors. “Probate assets” are assets ...

Service by Publication in Virginia Divorce Cases

05/15/2017 07:11:18 AM

If you do not know the whereabouts of your spouse, it is still possible to proceed with a divorce. Because each party in a divorce must have notice of any claims asserted against them, an absent spouse becomes an issue for purposes of service, ...

Service by Publication in Virginia Divorce Cases

05/15/2017 07:11:18 AM

If you do not know the whereabouts of your spouse, it is still possible to proceed with a divorce. Because each party in a divorce must have notice of any claims asserted against them, an absent spouse becomes an issue for purposes of service, ...

Rental Income and Child Support in Virginia

05/08/2017 06:04:06 AM

For purposes of calculating child support, the Virginia Child Support Guidelines take into account each parent’s gross income. Virginia Code § 20-108.2(C) defines “gross income” as “income from all sources,” including but not limited ...

Rental Income and Child Support in Virginia

05/08/2017 06:04:06 AM

For purposes of calculating child support, the Virginia Child Support Guidelines take into account each parent’s gross income. Virginia Code § 20-108.2(C) defines “gross income” as “income from all sources,” including but not limited ...

Nonimmigrant Intent and the Doctrine of Dual Intent

05/01/2017 07:30:41 AM

Generally, a foreign national applying for a nonimmigrant visa to come to the U.S. must demonstrate that they have “nonimmigrant intent,” meaning the intent to return to their home country at the end of their authorized stay. The burden ...

Advance Medical Directives in Virginia

04/24/2017 09:36:09 AM

An advance medical directive is a legal document that allows a person to state what they want for their own medical care if they are unable to make decisions for themselves due to incapacity. In Virginia, advance medical directives are authorized ...

Sole Custody of Children in Virginia

04/13/2017 11:52:23 AM

People undergoing the process of separation and divorce face many major, life-changing events all at one time. First and foremost in the minds of most parents in this situation is the issue of child custody. The initial question on the minds ...

Unenforceable Custody and Support Provisions in Separation Agreements

03/28/2017 09:12:31 AM

It is not uncommon for people undergoing divorce to approach their attorneys with a laundry list of terms regarding their children that they would like included in their separation agreement, or for people who already divorced to approach attorneys ...

Maintaining or Reinstating F-1 Student Status

03/23/2017 10:02:30 AM

If you are an international student enrolled in a full-time degree or academic program at a U.S. educational institution, then you are an F-1 student. As an F-1 student, you are admitted to the U.S. for “duration of status.” This means you ...

Leaving Real Estate in Your Will in Virginia

03/21/2017 10:27:07 AM

How you hold title to your real estate (real property) may have an impact on whether or not it can be left to someone in your will. When having a will drafted and considering who you want your real property to pass to upon your death, it is ...

Marital Waste in Virginia Equitable Distribution Cases

03/16/2017 11:15:44 AM

In Virginia, a spouse who spends or disposes of marital property for an improper purpose (a) anticipating a separation or divorce or (b) after the final separation of the parties may have committed “marital waste.” The court has the authority ...

Power of Attorney for Care and Custody of Children in Virginia

03/08/2017 10:03:20 AM

A written agreement between parents or a court order regarding custody and visitation are the most common methods by which custody and visitation are determined between parents who are no longer together. However, in the event that one parent ...

Adultery As a Crime: Impact on Virginia Divorce Cases

03/02/2017 12:10:46 PM

So, you think, or you know, that your spouse is cheating on you. As devastating as this discovery can be, many people are just as devastated to find out that Virginia law can, and often does, protect the adulterer. In Virginia, adultery is defined ...

Major Changes to Federal Law on Dividing Military Retired Pay

02/27/2017 09:18:02 AM

The National Defense Authorization Act (NDAA) for 2017, signed into law in December 2016, drastically changes the way military retired pay can be divided in divorce cases. The new NDAA made major changes to the Uniformed Services Former Spouse ...

Who Gets the Engagement Ring After a Breakup in Virginia?

02/13/2017 08:47:52 AM

For years, Virginia circuit courts were split on the question of who gets the engagement ring after a breakup in Virginia. Some courts held that the engagement ring could not be recovered because such claims are barred under Virginia Code ...

What To Do If You Have a Warrant Out For Your Arrest

01/25/2017 09:17:29 AM

Typically, an individual becomes aware that they have been charged with a crime by being arrested or issued a summons on the spot at the time of the alleged offense. However, this is not always the scenario that plays out. In certain circumstances, ...

Four Financial Steps to Take Before Divorce

01/24/2017 07:21:53 AM

Divorce is an emotional and overwhelming time in a person’s life. If you do not enter the divorce will the necessary financial information, the process may be even more overwhelming than anticipated. By taking certain actions at the start of ...

Adult Adoption in Virginia

01/11/2017 08:13:09 AM

In most cases, when one thinks of adoption, they imagine a child being taken into a loving “forever” home. Virginia law, however, allows for the adoption of an adult, though specific circumstances must apply. For instance, a stepparent may ...

Overview of the International Adoption Process

01/04/2017 09:59:49 AM

Prospective parents, when considering their options, may choose the international adoption route. When deciding whether or not this option is best for your family, it is important to have an idea what that process will look like. Some of the ...

Choice of Guidelines in Virginia Child Support Cases

12/27/2016 13:53:29 PM

Sole vs. Split vs. Shared Child Support Guidelines Virginia law recognizes the obligation of parents to support their children financially, and the Virginia child support guidelines account for that fact. The guidelines take into account the ...

What to Know Before Filing a Rule to Show Cause

12/02/2016 14:05:53 PM

A question I frequently receive from family law clients or potential clients is: “the other party has violated our court order—so what can I do about it?” When one party violates a previous order from a Virginia court, the other party ...

Parental Alienation in Virginia

11/18/2016 10:10:59 AM

In Virginia, courts are required to base custody and visitation determinations on the best interests of the child. The specific factors courts should consider in determining what is in a child’s best interests are set forth in Virginia Code ...

Elective Shares in Virginia: Can Your Spouse Disinherit You?

11/16/2016 07:15:11 AM

Are you separated from your spouse, or otherwise undergoing marital difficulties? If so, you may find yourself wondering whether your spouse can disinherit you. In Virginia, the short answer is no. Virginia law protects surviving spouses from ...

Seven Things You Should Know About Powers of Attorney in Virginia

11/15/2016 08:33:30 AM

Powers of attorney are valuable tools for managing your business and personal affairs, and health care. If you are considering one, here are seven things you should know about powers of attorney in Virginia: 1. What Is a Power of Attorney? A ...

After Election, Immigrants Should Act Now to Protect Their Status

11/10/2016 16:19:16 PM

On Election Day 2016, I served, with joy, as an Elections Officer in Fairfax County. Working at a poll in a heavily immigrant community, a large number of the voters I saw were undoubtedly naturalized U.S. citizens. Though some debate the ...

Child Support for Children With a Disability In Virginia

10/27/2016 08:50:03 AM

For single parents of children with a disability or special needs, navigating the issue of child support can be a confusing and anxiety-ridden process. These parents may require more child support than is called for by the statewide guidelines ...

Did My Spouse Abandon Me or Are We Separated?

10/25/2016 14:13:11 PM

Desertion v. Separation in Virginia Virginia Code § 20-91 provides for divorce on either fault-based grounds or no-fault grounds in Virginia. The grounds for divorce listed there include, among others, both (a) the fault-based ground of willful ...

Actual vs. Constructive Possession of Marijuana in Virginia

10/18/2016 14:17:42 PM

You have been charged with possession of marijuana in Virginia—yet you never actually possessed the drug. How is that possible? The reason is simple: under Virginia law you may be guilty of marijuana possession if the prosecutor can prove ...

Should You File for Divorce Based on Fault in Virginia?

10/06/2016 11:01:21 AM

Virginia law allows for divorce based on both fault-based and “no-fault” grounds. The three fault-based grounds for divorce in Virginia are adultery, cruelty and desertion. In deciding which ground to file on, it is wise to start by c ...

Residing With Your Spouse During Separation

10/04/2016 04:21:54 AM

You have made the difficult decision to separate from your spouse, but there are insufficient funds in the family budget to support two households. Perhaps it is unclear which party will permanently remain in the marital residence, and neither ...

Can I Sign a “Pre-Nup” After Marriage?

09/27/2016 07:55:21 AM

Postnuptial Agreements in Virginia Every year, it seems that more and more individuals are seeking prenuptial agreements. What was once a tool used only by the rich and famous has increasingly become a mainstay of domestic relations law. St ...

Negotiating a Settlement in Your Virginia Divorce

08/22/2016 10:44:18 AM

If you and your spouse have decided to end your marriage, you may be contemplating negotiation, rather than litigation. Divorce can be mentally, physically and emotionally exhausting to you, your children and your extended family. The effects ...

Communication of a Child’s Preference in Virginia Custody Cases

08/17/2016 14:18:47 PM

One question that often arises in Virginia custody cases is whether a child can simply tell the judge that he or she wants to live with one parent or the other. The answer to that question is: maybe. Virginia Code § 20-124.3 lists the factors ...

Is Marriage Right for You?

07/19/2016 06:26:47 AM

Weighing the Legal Benefits of Marriage vs. Long-Term Cohabitation in Virginia With same-sex marriage now legal in Virginia, it would seem that marriage would be on the rise. However, a Parents magazine article reports a trend among millennial ...

Survivor Annuity vs. Life Insurance: Which is Best for You?

07/12/2016 06:10:36 AM

In many divorce cases, the most valuable asset to be divided is a pension. Pensions, or “defined benefit plans,” pay retirees a specified recurring benefit upon retirement that the retiree receives for life. Examples of defined benefit ...

Child Support Modification in Virginia

07/11/2016 05:25:28 AM

Divorce and child custody proceedings are often contentious, time consuming and expensive. It is understandable that parties to litigated divorce or child support cases would never want to see a courtroom again, or even think about having to ...

What Happens to Frozen Embryos in Virginia Divorce

06/23/2016 13:58:32 PM

Advancements in technology have allowed couples to have a child even if they are not able to conceive on their own. One such technology is in vitro fertilization (“IVF”). IVF is the process of extracting eggs from a woman’s body, com ...

Seven Tips for Divorcing a Narcissist

06/07/2016 10:07:41 AM

As a divorce attorney, I often hear the word “narcissist,” typically used by my client to describe his or her spouse, or vice versa. Usually the condemned partner is someone who is overly conceited or excessively self-centered, and not ...

Petit Larceny in Fairfax County

06/06/2016 06:07:43 AM

In Virginia, petit larceny, under Virginia Code Section 18.2-96, is a class one misdemeanor, punishable by a maximum of twelve months in jail and a $2,500 fine. It is a serious offense that can have lasting implications in both the professional ...

Allegations of Abuse or Neglect in Virginia Custody Cases

05/31/2016 09:43:44 AM

When making an award of custody or visitation, Virginia courts look at the factors listed in Virginia Code Section 20-124.3 to determine the best interests of the child. One of these factors is whether there has been a history of violence or ...

“Gray Divorce” – Concerns for Divorcing Couples Over Fifty

05/24/2016 04:58:09 AM

Due to modern medicine and a societal focus on healthier lifestyles, people are living longer than ever before. According to the Centers for Disease Control and Prevention’s National Center for Health Statistics, the average life expectancy ...

Pendente Lite Orders in Virginia Divorce

05/05/2016 09:27:09 AM

Divorce can be a lengthy process in Virginia. In no-fault cases, Virginia law requires parties to be separated for at least twelve months, or for at least six months with a separation agreement and no minor children, prior to even filing for ...

Treatment of College Savings Accounts in Virginia Divorce

05/03/2016 10:29:13 AM

With the rising costs of college education, many families are establishing college savings accounts for their children. While this is certainly a good and well-thought out plan for the future, it is unlikely that parents ever consider this question: ...

Virginia Supreme Court Rules in Same-Sex Cohabitation Case

04/28/2016 11:51:45 AM

Livesay & Myers, P.C. family law attorney Anneshia Miller Grant achieved a major victory today, in a case she fought on behalf of her client all the way to the Virginia Supreme Court. In the case, Luttrell v. Cucco, the Supreme Court answered ...

Child Support and the Teenage Father

04/21/2016 07:58:25 AM

When most people hear the phrase “teen pregnancy,” they think only of the teenage mothers. But, there are also teenage fathers. Under the law in Virginia, a teenage boy can be determined by the court to be the father of a child, and can ...

Admissibility of Recorded Telephone Conversations in Virginia

04/13/2016 09:53:28 AM

Parties facing a divorce or other family law litigation in Virginia often ask the question: would it help their case to record telephone conversations with the opposing party? The answer to this question may surprise you. The Virginia Code ...

Annulment vs. Divorce in Virginia

04/06/2016 13:50:00 PM

Many times when it becomes obvious that a marriage is heading towards failure, the question arises whether it would be best to seek an annulment or a divorce. To answer that question, one must first understand how annulment differs from divorce, ...

Bankruptcy and Divorce in Virginia

03/24/2016 08:53:55 AM

Due to hard economic times, more and more parties are considering filing for bankruptcy. Even if you have not contemplated filing yourself, if you are facing the dissolution of your marriage you may find that your spouse has filed. Here are ...

Immigration Law Updates for Spring 2016

03/23/2016 08:39:45 AM

Immigration law remains a hotbed of legal and political activity in the United States. As we enter Spring 2016, here are several important immigration law updates: Update on President Obama’s Executive Action, DAPA In what will surely be one ...

What Happens When Child Support is Not Paid in Virginia

03/11/2016 08:38:41 AM

A child support order has been established obligating one parent, called the obligor, to pay child support for the benefit of the child. Time has passed and the obligor has not paid the child support, has not paid it consistently or has only ...

Four Child Custody Myths in Virginia

03/09/2016 10:09:22 AM

It is not uncommon for parents facing a custody and visitation dispute to enter it with preconceived notions of what the court will and should consider in deciding their case. Upon sitting down with a family lawyer for their initial consultation, ...

Protective Order Defense: Understanding the Allegations

03/04/2016 09:40:42 AM

On occasion, a spouse in Virginia may find themselves defending against a petition for a protective order on the basis of family abuse without having complete knowledge or understanding of the allegations against them. This places that spouse ...

Making Child Marriage Harder in Virginia

03/02/2016 07:49:25 AM

Efforts to Restrict Marriage of Minors Advance Through Virginia Legislature Many spouses going through separation and divorce lament that the laws of Virginia make it much easier to get married than they do to get divorced. A divorce proceeding ...

Valuing a Business in a Virginia Divorce

02/29/2016 06:37:35 AM

Determining how to handle a business asset is one of the most complicated issues in many divorce cases. Under Virginia divorce law, circuit courts are given the responsibility of fairly dividing the value of any marital property of the parties. ...

What to Do if You Missed Your Court Date

12/29/2015 08:25:13 AM

I often receive calls from people who have missed a court date for a traffic or criminal matter in Virginia. These calls typically fit within three general categories: (1) the person wrote the wrong date on their calendar, then went to court ...

Critical Enforcement Mechanisms in Family Law

11/02/2015 09:11:44 AM

On many occasions in my practice, clients will complain that their spouse has been violating an agreement or court order. “She hasn’t been dropping the kids off on time,” or “he’s always late with his support check,” or th

Viewing Marriage as a Business and Divorce as the Dissolution

10/26/2015 14:13:59 PM

“Am I going to have to pay spousal support?” “I’ve been out of the workforce for fifteen years. Will I get any support?” “It was my military service! Why should my spouse get a portion of my retirement?” “I

School Decisions for Minor Children After a Divorce

10/21/2015 10:28:48 AM

“I want my kids to get the best education possible.” I hear this statement, or some similar variation, from many clients. While this is a worthwhile goal, it becomes much more complicated when the parents are going through a divorce. Ve ...

Surrogacy in Virginia

10/15/2015 10:04:08 AM

Did you know that in surrogacy arrangements the birth mother of a child, not the donor mother, is legally the child’s mother in Virginia? Pursuant to Virginia Code Section 20-158, the parentage of a child conceived through assisted conception ...

Spousal Support Reduction Based on a Drop in Payor’s Income

10/09/2015 07:47:45 AM

In Virginia, a drop in the payor spouse’s income, even if significant, may not guarantee a reduction in spousal support. As explained in Modification of Spousal Support in Virginia, under Virginia Code § 20-109 a court may decrease or terminate ...

Asset Forfeiture in Virginia

10/06/2015 08:39:26 AM

It may not surprise any reader here that law enforcement, both on the state and federal level, have tools at their disposal to prevent individuals charged with committing criminal offenses from profiting from such enterprises. What may surprise ...

Modification of Spousal Support in Virginia

09/23/2015 16:40:44 PM

In divorce cases, the marriage is officially and legally ended when the judge signs the order dissolving the legal bonds of matrimony. For a large number of people, however, a divorce does not mean the severing of all ties with their now ex-spouse. ...

New Procedure Allows Earlier Filing for Adjustment of Status

09/11/2015 13:20:57 PM

In November 2014, President Obama outlined several executive actions designed to modernize and streamline the U.S. immigration system. At the time, much of the attention surrounding the President’s announcement focused on the Deferred Action ...

DCSE Offers Incentive Program to Reduce Child Support Debt

09/04/2015 05:23:16 AM

The Virginia Division of Child Support Enforcement (DCSE) is currently offering a special incentive program for non-custodial parents who owe a child support debt to the Commonwealth of Virginia, which is usually due to the custodial parent ...

Establishment and Disestablishment of Paternity in Virginia

08/27/2015 09:07:29 AM

Establishment of Paternity of a Child Born to a Married Mother A child born to a married woman in Virginia is presumed to be the child of her husband, so long as they were married for the ten months preceding the birth of the child. The husband ...

Six Things to Do Before Seeking a Divorce in Virginia

08/20/2015 08:44:56 AM

Going through a divorce results in a whirlwind of emotions—everything from extreme sadness and disappointment to elation and acceptance. Regardless of how the marriage ended, or whether the divorce is amicable or contested, people are often ...

Legal Separation in Virginia

08/13/2015 14:45:44 PM

A question that is often posed by persons seeking to separate from their spouse and eventually divorce, is whether or not there is a status of legal separation under Virginia law. The short answer is no, unlike many other states, Virginia’s ...

Child Custody After Death of Parents

08/06/2015 12:19:10 PM

Are you a divorced or unmarried parent? If so, have you ever wondered what would happen to your child in the event you died? If you are a noncustodial parent, have you wondered what would happen if the custodial parent died? Are there third ...

Marriage, Age and Divorce

08/03/2015 05:59:34 AM

While there have been several studies lately which point to a decrease in the overall number of people getting married, there is a very obvious, but perhaps less publicized fact that comes along with fewer marriages: fewer divorces. These facts ...

Restoration of Parental Rights in Virginia

07/28/2015 17:14:27 PM

Can You File for Custody If Your Parental Rights Were Terminated in Virginia? If your parental rights to a child have been terminated, under Virginia law you do not have standing to file a petition for custody of that child. Under Virginia Code ...

New Rule for Health Insurance Costs in Virginia Child Support

07/22/2015 14:13:36 PM

Each year, the Virginia legislature considers numerous proposed updates to Virginia family law. These updates range from universally significant changes such as last year’s revised child support guidelines (updated for the first time in ...

Experts to Have on Speed-Dial for Your Contested Divorce

07/20/2015 05:35:47 AM

If you find yourself in the middle of a contested divorce and the stakes are high, you may need more assistance than your attorney can provide. With an eye toward preparing your case for trial or simply aiding in the settlement process, several ...

Child Support and Disability Benefits in Virginia

07/10/2015 04:51:38 AM

What happens to a Virginia child support obligation if the parent who was ordered to pay support starts receiving disability payments instead of a pay check? Can those disability benefits be seized through an income withholding order to pay ...

The Emancipation of Minors in Virginia

07/06/2015 10:39:56 AM

As we celebrate graduation season and waves of 18-year-olds going off to college or joining the military, we also think about the freedom that comes along with officially being an adult. For parents, you have maintained custody and control over ...