Blog & FAQs

The common preference in family law courts in Virginia is to maintain joint custody of a child during and after a divorce. This means that both parents maintain legal and physical custody of their child, and in some cases even splitting time equally, 50/50, between parents. However, an equal spli...

Divorce mediation can be a great alternative dispute resolution technique to resolve differences during a Virginia divorce negotiation. However, there are times when mediation is no longer an effective technique and you may be required to switch from mediation to traditional divorce litigation. I...

When a couple cannot agree on the terms of their divorce, they can either go through the traditional means of litigating their divorce or opt for the alternative dispute resolution method of mediation. The purpose of divorce mediation is to find collaborative solutions to outstanding issues that ...

One of the modern and growing trends in divorce negotiation is the use of mediation in place of traditional litigation. Some couples are opting to try mediation first before traditional court-ordered hearings, while in other situations, the court is ordering couples to try mediation before allow...

Paying child support is a court ordered responsibility, and if the noncustodial parent is incarcerated, this does not erase the obligation to pay for his or her children's needs. Parents are expected to pay child support regardless of their personal situation, but the circumstances of the incarce...

Filing for divorce can be a lengthy process in Virginia, even if the spouses agree to a no-fault divorce. Sometimes, divorce cases can drag on through the court system for years, but in many cases there are real issues that need to be resolved immediately while the case is going through the court...

One of the most popular trends in divorce negotiation is avoiding the contentious litigation in court and instead choosing to settle differences through mediation. There are many benefits to choosing divorce mediation in Virginia instead of traditional divorce proceedings if both spouses are prep...

Divorce is often a complex and stressful time in a person's life, but when one or both spouses are in the military, the process becomes even more complicated given the state and federal laws that grant certain protections to service members who are active in the military. If you are considering a...

During a Virginia divorce, both the assets and debts of the spouses are totaled and split. This can include student loan debt, which many people in Virginia have incurred and are still paying off when their divorce is initiated. What happens to that student loan debt in the division of assets and...

Despite the name, many issues can still arise during an uncontested divorce. While many people believe that they do not need a lawyer for an uncontested divorce, there are many reasons why having a lawyer by your side in an uncontested divorce may benefit your divorce proceedings. Call or contact...

If you are convicted of a felony offense at the state or federal level, you automatically lose the right to have a firearm in the United States. However, there are legal paths to restoring your gun ownership privileges in Virginia following a felony conviction. In order to restore your gun rights...

When parents get divorced, part of the divorce agreement is the custody and visitation schedule for the children. However, a standard custody and visitation agreement may not fully meet both parents' and children's needs during the holidays. As a parent, you have options to create a workable holi...

When spouses divorce in Virginia, the courts use a process known as equitable distribution to split their assets between them. A number of factors are considered by the courts when dividing assets, but sometimes a spouse will try to hide assets in order to avoid the equitable distribution process...

Much attention has been given to the corporate and individual tax rates that have been cut as a result of the new tax bill signed into law by President Trump in late 2017. But one of the most significant yet less discussed provisions of the new tax law is the changes to taxation for spousal suppo...

Child custody determinations are always made with the child's best interests in mind, but the considerations vary slightly from state to state. In Virginia, child custody is determined by a number of factors in the state's Juvenile and Domestic Relations District Courts. It is important to unders...

When you give someone power of attorney, you legally designate that person to.make medical, legal, and financial decisions on your behalf. A power of attorney can be specific to one type of decision or can be all-encompassing. While a power of attorney can be helpful to many, the question still r...

It is fairly common knowledge in Virginia that the state's “legal limit” for blood alcohol level (BAC) is .08%, meaning that a person who operates a vehicle with a BAC of .08% can be charged with a DUI. The internet is full of BAC calculators that give you an approximation of what your BAC would ...

Mediation is becoming an increasingly favored way for parents in Virginia custody disputes to create a workable custody arrangement which will then be approved and enforced by a Virginia court. Why? Many reasons, not the least of which are that mediation can save time and money. But the essence o...

“Mediation” and “divorce” may at first seem like contradictory concepts to those entering into the divorce process in Virginia – after all, if two people cannot find a way to stay together, how are they going to be able to work out the complex issues of their divorce together? But more and more ...

While the drama of movies such as Kramer v. Kramer and its progeny have helped perpetuate the myth that divorce is inevitably a knock-down-drag-out zero-sum-game battle between formerly loving spouses, the reality is that most people entering the divorce process want to work through it with as li...

One of the most common questions divorce lawyers in Virginia (or anywhere for that matter) get from clients is if it is okay to start dating during divorce proceedings. To be clear, there is no law against dating while married; however, there is a law against adultery.  Dating or pursuing a relat...

Outside of those who work in the legal field, the idea of going to court can be intimidating, to say the least. Many people fear speaking to a judge, or saying the wrong thing, or even just the logistics of knowing where to be and when. Getting a divorce is one of the more common reasons people m...

Laws and cultural views toward marijuana, and specifically medical marijuana, are changing rapidly in the United States. Twenty-nine states and the District of Columbia have at least some laws on the books legalizing medical marijuana, and several states have legalized recreational use (marijuana...

Domestic abuse is an epidemic across Virginia and the rest of the United States, and it often plays a role in family law proceedings. Abuse is a leading factor that leads to a person seeking divorce and/or custody of a child, and Virginia courts will take domestic abuse into account in determinin...

When a police officer is staring you down with a list of questions – whether in a traffic stop, at your front door, or out in public – it can be hard to know what your rights are. You might have some sense that you do have rights, based on cop and lawyer shows you might have seen or news articles...