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 spouse who moved in have any right to ownership interest in the house after the divorce? Separate and Marital Property Read More
4 Mistakes to Avoid in a Virginia Divorce That Could Affect Custody
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 them in the years to come. But the worry over having that relationship strained or impeded by the divorce can cause parents to Read More
My Ex is Talking Badly About Me to Our Children, Should I Confront Him/Her?
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-child relationship, which could persist indefinitely. As members of a free society, we are all entitled to voice our Read More
How and When to Update Your Will in Virginia
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. Furthermore, updating a will is a great time to speak with an estate attorney to assess your overall financial picture with regard Read More
Can a Protective Order Be Granted for Online Abuse in VA?
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 with new technological developments, but Virginia has enacted laws which do address and prohibit cyberstalking. A common Read More
Should I Talk to a Lawyer if Facing Divorce in VA?
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 a lawyer will antagonize the other spouse Worry that talking to an attorney will somehow make the divorce become Read More
5 Questions to Prepare for Divorce Mediation
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 mutually beneficial agreements on issues such as property distribution, alimony, child custody arrangements, and visitation. Read More
Tips on Protecting Your Assets When Filing for Divorce
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 protect your assets before you or your spouse take actions which can significantly damage your financial picture after a Read More
Do I Have to Submit to a DUI Breathalyzer Test in Virginia?
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, including whether it is constitutional to require a driver to submit to a breathalyzer test and whether refusing to submit to Read More
Is There a Duty to Retreat Under Virginia Criminal Law?
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 approaches, with some states employing the duty to retreat approach, which means a defendant cannot successfully assert Read More
