Blog & FAQs

Executive Summary: Prior convictions in Virginia can significantly raise the stakes in a new criminal case. Courts often treat repeat offenders more harshly, giving longer sentences, limiting probation, and enforcing stricter penalties. Research supports this trend, showing criminal history is a key factor in sentencing decisions. If you face new charges and have a record, understanding these risks and seeking informed legal guidance can make a critical difference.

Executive Summary: Collaborative divorce, as outlined in Virginia's Uniform Collaborative Law Act, offers a less adversarial option for divorce. Key benefits include greater control over outcomes, lower cost and faster resolution, reduced emotional stress, and higher compliance with agreements ov...

A living will (Virginia advance medical directive) allows you to define your healthcare preferences if you cannot speak for yourself. Virginia law requires a competent adult, two witnesses, and clear written instructions. Many people lack these documents (only 5–15% of community-dwelling adults complete advance directives, although older adults and long-term care residents do so more often (~37%)). Having a living will ensures your wishes are honored, eases decisions for your family, and supports doctors in providing the care you want.

Executive Summary: Virginia's new expungement and sealing laws (passed in 2021) broaden relief options for many people, including automatic sealing of certain convictions and expungement of some marijuana offenses. Eligibility depends on the type of offense, absence of new convictions, and waitin...

When a marriage ends, money is one of the most difficult topics to deal with. In Virginia, alimony (also called spousal support) is not automatic. Courts look at many different factors before deciding whether it should be awarded, how much should be paid, and for how long. Each case is different...

When someone passes away, their estate often goes through a legal process called probate. This process can take time, cost money, and create stress for family members. Many people want to avoid probate to make things easier for their loved ones. The good news is that Virginia offers several ways ...

A criminal charge can follow you long after you've served your sentence or paid your fine. In Virginia, even a misdemeanor conviction can appear on background checks and affect your ability to find work. Some employers may be unwilling to consider your application once they see a record. Others m...

For many families, stepparents play an important role in a child's life. Over time, the bond between a child and stepparent can become just as strong as any biological connection. In Virginia, stepparent adoption gives families a way to make that bond legal. It can offer emotional security for th...

Your life online can be just as significant as your life in the real world. We store family photos in the cloud, keep our finances in online accounts, and use social media to stay connected. But when it comes to planning for the future, many people forget to include their digital assets in their ...

Speeding down an open road, running a red light, or passing another car on a two-lane highway may not seem like a big deal to you. However, these are the sorts of actions that can lead to a reckless driving charge. Unlike a simple speeding ticket, reckless driving is a criminal offense. It carrie...

Divorce is as much a financial separation as it is a personal one. Joint bank accounts and credit cards quickly become sources of tension and conflict. Protect assets and prevent unnecessary debt proactively because it will help you organize your budget post-divorce. Failing to act early leads to...

Passing down wealth to your child is meant to provide security and stability, but without the proper protections, those assets could end up in the hands of a future spouse. Divorce, financial mismanagement, or even well-intended joint ownership decisions put a person's inheritance at risk. Howeve...

Legal strategies and considerations Mental illness refers to a wide range of mental health conditions that affect mood, thinking, and behavior. Examples include depression, anxiety disorders, schizophrenia, eating disorders, and addictive behaviors. The presence of a mental illness can significan...

Protective orders can be obtained in two different ways in Virginia. First, protective orders can be automatically issued for the protection of a crime victim following a defendant's arrest. Second, any person can make a sworn statement before a magistrate. Both methods can result in the issuance...

Many people utilize tracking capabilities in their devices to prevent the loss of those devices and keep track of loved ones. Unfortunately, though, some use these tracking capabilities to harass others or even assist with criminal activity. As highlighted in Good Morning America, Apple AirTags a...

If you're facing a charge alleging domestic violence, you have the right to a defense. However, the idea of defending yourself against such a charge can be overwhelming, especially if there are ongoing family law issues as well. There's no one specific way to defend against a domestic violence ch...

From parental to property rights Unmarried couples living together face unique challenges, as they aren't afforded the same protections married couples are given under Virginia law. Knowing your rights as a partner in an unmarried, cohabitating relationship is essential. The Fairfax child custody...

The bond between grandparents and their grandchildren is a special one. However, in situations involving divorce, illness or death, family strife, or estrangement, a grandparent may be unable to see their grandchild. Depending on the circumstances, grandparents in Virginia may have rights to cust...

There are many ways for a person to structure their estate plan. Sometimes a Last Will and Testament is sufficient, other times, a Revocable Living Trust is required to ensure that assets are divided pursuant to a person's intent. Regardless of which estate planning vehicle is used in your plan, ...

Like DUIs, many assume there is no defense against a reckless driving charge. Changing your mindset about this is critical because these charges have severe consequences in Virginia, ranging from significant fines to losing your driver's license and potential jail time. When you face a reckless d...

Estate planning is critical in terms of protecting assets and ensuring your wishes are carried out. Although you may be an adult that has a plan in place, do your parents? The older a person is before getting a plan in place, the greater the risk that they will not have the capacity to sign their...

In March of 2023, we published a blog about how to split retirement accounts during a divorce. Because we have offices in Northern Virginia and North Carolina, our family law attorneys work closely with military members and people the government employs. In terms of the divorce process, a civilia...

When most people hear the word “assault,” they think of someone getting physically struck by another person. However, that is NOT the definition of assault in Virginia or many other jurisdictions. Assault means someone has only threatened to hurt another person physically and accompanied that thr...

The revocable living trust, sometimes called a living trust, has many attractive qualities that make it a powerful estate planning tool. One of these attributes is the ability to offer you incapacity protection over the assets that are placed into your trust during your lifetime. Incapacity plann...