Blog & FAQs

It is common for spouses in Virginia – especially those on second marriages or who get married later in life – to live in a house that was purchased by one spouse prior to the marriage and, after which, the other spouse moved into the same house. But what happens if the spouses divorce – does the...

For many parents, the most stressful and emotional aspects of a divorce relate to worries about their ability to maintain a close and loving relationship with their children, both through the divorce and afterwards. We want to do everything we can for our children, and we want to be there for the...

In most cases, getting a divorce is a matter of purely state law, but that is often not the case with regard to so-called “military divorces” in which at least one spouse is a current or retired member of the military. Because much of the ongoing income that such individuals receive comes straigh...

Whether you are recently separated and pursuing a divorce, or already divorced and well-entrenched in a custody arrangement with another parent, having your ex-spouse talk badly about you to your children is, at best, annoying and, at worst, creating lasting divisions and damage to your parent-ch...

It is very common for people to want to update their will, and doing so often makes sense to account for changes in a person's life. Virginia law makes it relatively easy to update a will, although making sure that formalities are followed is critical to the changes being made effective. Furtherm...

Cyberbullying and cyberstalking have become some of the most talked about legal terms in recent decades as online interaction has had the unfortunate consequence of facilitating the ability of individuals to intimidate and harass others. State and federal laws do not always keep up to-the-minute ...

When a person is facing the prospect of divorce in Virginia, sometimes he or she does not feel like reaching out to a family law attorney to discuss the matter. There are many reasons why this hesitation to speak with a lawyer might be the case, but common reasons include: Fear that talking to...

Mediation can be a great way for divorcing couples to work out their differences and reach an amicable resolution without arguing their issues in a public, costly, lengthy, and dramatic courtroom battle. When couples work with a divorce mediator, the mediator will guide the two spouses towards mu...

The moment a spouse files for divorce is one often overwhelmed with mixed emotions, which can include grief at the end of a relationship combined with optimism for a better future. But whatever your emotions are, it is critically important for you to make sure that you are taking the steps to pro...

Breathalyzers have only been around for a handful of decades, but they are now so ubiquitous that law enforcement agencies everywhere regularly use them and breathalyzer results can almost seem like an integral part of any DUI prosecution (note: they are not). Which has raised several issues, inc...

One of the perennially controversial topics in criminal law – and one that we still see discussed vigorously today – is about the so-called “duty to retreat,” which deals with the question of when an otherwise criminal act of violence is justified by self-defense. Different states have different ...

Virginia has a long, rich history of higher education, and many of the nation's oldest fraternities and sororities began right here in our state. Indeed, the very first Greek organization in the United States was started at the College of William and Mary when Phi Beta Kappa was founded in 1776, ...

When the parents of a child cannot agree about custody and visitation arrangements for their child in Virginia, the state court will ultimately have to make its own decision regarding the legal and physical custody of the child. The court uses a “best interests” standard in making this determinat...

There is much confusion out there surrounding DUI/DWI laws, which is due in part to the fact that drunk driving laws are set in place by state law, so what might apply in Texas or California does not necessarily apply in Virginia. And while many states do enforce DUI laws that make it a crime to ...

We've all seen it in countless movies and police TV shows: that dramatic moment when the detective tells the suspect, “You have the right to remain silent…” But it can be confusing for the viewer to know when and why this occurs, and whether the actor is reading the other actor his rights because...

Being under criminal investigation is one of the scariest ordeals you may ever have to go through, and, no matter how many detective shows you've watched on TV, facing the questions of police officers, detectives, agents, and other members of law enforcement can leave you confused, shaken, and no...

A recent survey by the Academy of Matrimonial Lawyers found that family law attorneys nationwide are seeing a significant increase in the number of millennials seeking prenuptial agreements before walking down the aisle, with some attorneys saying they've seen 400% increase in demand from younger...

Because divorce in the United States is conducted within 50 different state family court systems involving nearly two million spouses a year, it can be difficult to track reliable statistics regarding the issues and steps leading up to the start of a divorce action, much less a consultation with ...

From the time a couple separates and at least one spouse begins the divorce process until the divorce is finalized, a lot of unexpected events can occur. One of those events could be the death of either you or your spouse. If the deceased spouse had a valid will in place, then the will, subject t...

Moving from state-to-state and divorce often go hand-in-hand. Sometimes, couples move to a new state to try and make a fresh start only to find that their differences have followed them and they are ready to move on. In other cases, one spouse may leave the marital household and go to another sta...

Two of the more common questions on a person's mind when getting a divorce – especially a woman who took her spouse's last name in a marriage but also men who may have hyphenated their last names with their spouse's – is whether to change their name back to their pre-marriage name and how that is...

Under Virginia law, both parents have a duty to provide support to their minor children, regardless of whether the parents are currently married or were married in the past. Child support cases usually occur following a divorce or where the father has not married the mother of a child and is not ...

Spousal support, or “alimony” as it is often called, can be awarded in a Virginia divorce matter in a variety of payment structures: it can be awarded in a lump sum; it can be awarded in periodic payments for a specific duration (e.g. 3 years); or it can be awarded in periodic payments for an und...

A parent who does not have custody of a child (also called a noncustodial parent) in Virginia will usually have a right to visitation with the child, even where the parents were never married. However, exercising this right may require the parent to obtain a court order. Below, we provide a brief...

When there is a dispute over the custody of a child in a Virginia court, that court is going to primarily look to the two biological parents of the child in determining who should have custody. It is possible for other people such as grandparents, aunts, or uncles to win custody of a child, but t...